The Sandiganbayan Second Division has convicted former Barugo Mayor Juliana Acuin Villasin of Leyte of her graft case involving the irregular purchase of fertilizers worth P1.87 million back in 2004.
She was sentenced to six to eight years imprisonment with perpetual disqualification from holding public office.
Meanwhile, her co-accused, former Municipal Agriculturist Reynaldo Agner Bodo and Municipal Accountant Aluino Otibar Ala, were acquitted by the anti-graft court on reasonable doubt.
The graft charge stemmed from the unwarranted benefit given to Bals Enterprises for the procurement of 3,900 liters of Fil-Ocean liquid fertilizer worth P1,879,090.92 even without the participation of the municipality's bids and awards committee (BAC).
R.A. 9184 or the Government Procurement Reform Act was violated because of the reference to the brand name Fil-Ocean in the invitation to bid.
In her defense, Villasin said that the purchase of fertilizers was validly done through direct contracting, as advised by the Department of Agriculture (DA) - Regional Field Office (RFO) 8.
Villasin added that she initially decided to conduct public bidding. She even submitted the Invitation to Apply for Eligibility to Bid, which was posted by the bids and awards committee (BAC) Secretariat. After receiving information that only Bal's Enterprises appeared on May 3, 2004, Villasin said she decided to push through with direct contracting since the BAC members seemed reluctant to conduct a rebidding.
Unfortunately for her, the anti-graft court said in its ruling that there was irregularity in the conduct of public bidding because of the specification of the brand name of Fil-Ocean fertilizer, which eliminated the chance of other suppliers to place a bid.
"Consequently, only Bal's Enterprises appeared on the designated date for submission of bid since it is the alleged exclusive distributor of Fil-Ocean liquid fertilizer, foreclosing any opportunity for other suppliers of liquid fertilizers to join the bidding," the decision stated.
The court also said that the requirements needed by the law to resort to direct contracting were not complied with by Villasin.
"Although accused Villasin claims that the BAC was initially involved in the procurement process as shown by the Certification of the Office of the BAC Secretariat that an invitation was posted, there is no other evidence to support that the BAC was aware of the intended procurement through direct contracting," the decision added.
Bodo, on the other hand, disavowed any involvement in the purchase and reasoned that he was merely asked to sign the Purchase Request and Assistance Program.
The court ruled that there was no evidence presented to show that he acted with evident bad faith or gross inexcusable negligence, or that he conspired with Villasin in committing the offense charged.
The same went for Ala, since there was nothing on record that showed that he was the one who suggested direct contracting or that he participated in the procurement of the fertilizers.
The 62-page decision was written by Associate Justice Michael Frederick Musngi with the concurrence of Second Division Chairperson Oscar Herrera Jr. and Associate Justice Bayani Jacinto.