Sandiganbayan convicts Leyte mayor of graft
Published Mar 11, 2020 12:00 am
By Czarina Nicole Ong Ki
The Sandiganbayan Second Division has convicted Albuera Mayor Sixto De La Victoria of Leyte of graft involving the irregular purchase of a vehicle for the municipality back in 2003.
Sandiganbayan (MANILA BULLETIN)
De La Victoria was sentenced to suffer an indeterminate penalty of imprisonment of six years and one month as minimum, to eight years as maximum, with perpetual disqualification from holding public office.
His charge for violation of Section 3(e) of R.A. 3019, the Anti-Graft and Corrupt Practices Act, was due to the purchase of one Mitsubishi 4WD Military Type Jeep from 877 Motors Corporation worth P350,000 despite the absence of public bidding back in February 4, 2003.
In its ruling, the anti-graft court said that another supplier, Cebu Titan Surplus Inc., was able to quote the same vehicle in good running condition for a lower price. Because of this, there was no justification for De La Victoria to award the purchase to 877 Motors Corporation, especially since the latter company offered a more expensive vehicle and it was only in its reconditioned state.
"Accused De La Victoria even failed to conduct a survey of the industry which should confirm the exclusivity of the source of the vehicle to be procured, hence, he failed to show the Manual of Procedures for the Procurement of Goods and Services of the Government Procurement Policy Board (GPPB)," the decision read.
At the same time, the court said De La Victoria caused undue injury to the government when he resorted to direct contracting since he failed to get the most favorable deal for the government.
"Based on the totality of the facts and evidence, the Court is convinced that De La Victoria is criminally liable for violating Section 3(e) of R.A. 3019 as the prosecution has proven his guilt beyond reasonable doubt. The moral certainty required in criminal cases has been satisfied," the decision read.
The 16-page decision was penned by Associate Justice Lorifel Pahimna with the concurrences of Second Division Chairperson Oscar Herrera Jr. and Associate Justice Michael Frederick Musngi.
Sandiganbayan (MANILA BULLETIN)
De La Victoria was sentenced to suffer an indeterminate penalty of imprisonment of six years and one month as minimum, to eight years as maximum, with perpetual disqualification from holding public office.
His charge for violation of Section 3(e) of R.A. 3019, the Anti-Graft and Corrupt Practices Act, was due to the purchase of one Mitsubishi 4WD Military Type Jeep from 877 Motors Corporation worth P350,000 despite the absence of public bidding back in February 4, 2003.
In its ruling, the anti-graft court said that another supplier, Cebu Titan Surplus Inc., was able to quote the same vehicle in good running condition for a lower price. Because of this, there was no justification for De La Victoria to award the purchase to 877 Motors Corporation, especially since the latter company offered a more expensive vehicle and it was only in its reconditioned state.
"Accused De La Victoria even failed to conduct a survey of the industry which should confirm the exclusivity of the source of the vehicle to be procured, hence, he failed to show the Manual of Procedures for the Procurement of Goods and Services of the Government Procurement Policy Board (GPPB)," the decision read.
At the same time, the court said De La Victoria caused undue injury to the government when he resorted to direct contracting since he failed to get the most favorable deal for the government.
"Based on the totality of the facts and evidence, the Court is convinced that De La Victoria is criminally liable for violating Section 3(e) of R.A. 3019 as the prosecution has proven his guilt beyond reasonable doubt. The moral certainty required in criminal cases has been satisfied," the decision read.
The 16-page decision was penned by Associate Justice Lorifel Pahimna with the concurrences of Second Division Chairperson Oscar Herrera Jr. and Associate Justice Michael Frederick Musngi.