The Sandiganbayan has allowed several former officials of Cantilan town in Surigao del Sur to enter into a plea-bargaining agreement with the prosecution and be re-arraigned on Feb. 26 on a lesser offense.
Instead of being prosecuted for violation of Section 3 (e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, they asked the court that they be re-arraigned on a lesser offense of Frauds Against Public Treasury under Article 213 of the Revised Penal Code (RPC).
They told the court they will return the P220,000 which the prosecution claimed was lost by the government and pleaded that they be fined P3,000.
Public officials and employees convicted of violation of Section 3 (e) of RA 3019 can be meted a jail term ranging from one to 10 years.
Violation of Article 213 of the RPC carries with it a prison term ranging from six months to six years or a fine ranging from P200 to P10,000 or both.
In a resolution written by Associate Justice Ronald B. Moreno, those allowed to plea bargain were former municipal treasurer Anita Paradiang, councilor Reynaldo Orpina, barangay captain Marlyn Plaza, clerk II Luis Arrez Daano, meat inspector II Eutemio Plaza Urbiztondo, municipal accountant Ronaldo Gruyal, former bids and awards committee (BAC) members Augusto Duero, Marilou Cosmiano, Ruben Liwagon, D. Urbiztondo Pasco, and George Arreza.
However, former mayor Tomasa Luga Guardo, who was also charged, was not included in the plea-bargaining.
They were accused of confederating with one another in the purchase of a farm tractor for P2.2 million from Golden Harvest Global Corporation in 2005.
The prosecution charged them with irregularities like failure to conduct post-qualification requirements prior to the declaration of the winning bidder.
Also, the prosecution alleged that the delivered farm tractor did not conform to the required specifications. It added that the government lost P220,000 in the transaction.
“In the light of the conformity of the prosecution to the movants' motion, and the corresponding agreement of the latter to the crime to which they would enter a guilty plea to, we approve the motions to enter into a plea-bargaining agreement," the anti-graft’s resolution said.
Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez concurred.