The Sandiganbayan Third Division has found former Sulu Gov. Yusop Hussin Jikiri and Regional Executive Director Oscar Parawan of the Department of Agriculture (DA) Regional Field Unit XI guilty of graft and malversation due to the anomalous purchase of P3.25-million worth of fertilizer and soil conditioner in 2004.
They were sentenced to a total of 16 to 26 years imprisonment – six to 10 years for their graft conviction and 10 to 16 years for their malversation conviction.
They were also ordered to jointly pay a fine of P3,250,000, which is equal to the amount malversed, with legal interest of six percent per annum starting from the finality of the decision. Jikiri and Parawan were also perpetually disqualified from holding public office.
Jikiri and Parawan gave Rim Allied Merchandise (RAM) unwarranted benefit, advantage, and preference when they purchased 4,643 pieces of Exquisite BD Soil Conditioner and another 4,643 pieces of Exquisite BD Bio Organic Fertilizer in 2004.
The payment of P3,250,000 was processed despite the absence of the participation of the province's Bids and Awards Committee (BAC) during the procurement process and without the conduct of public bidding.
In its ruling, the anti-graft court said that the actions of Jikiri as the governor were "downright illegal" and were in blatant violation of procurement laws because he signed the purchase order on April 4, 2004, 22 days prior to the execution of the Memorandum of Agreement with the DA and the government.
"Despite the lack of public bidding, he openly manipulated the procurement process with evident bad faith to favor RAM and facilitated payment to the said pre-determined supplier," the Sandiganbayan said in a 55-page decision.
Parawan, the anti-graft court said, turned a blind eye to the "glaring and unacceptable" submissions of Jikiri to support the disbursement of the P3.25 million to RAM.
The decision was penned by Associate Justice Ronald Moreno and concurred in by Presiding Justice Amparo Cabotaje-Tang and Associate Justice Bernelito Fernandez.