The Supreme Court (SC) has affirmed the Sandiganbayan’s 2017 conviction of former Sorsogon governor Raul R. Lee on four graft cases involving overpriced purchase of P5 million worth of fertilizer in 2004.
In a decision released last Monday, February 15, the SC ruled: “The Sandiganbayan did not commit any grave abuse of discretion in the appreciation of the evidence presented by the parties. Thus, this Court finds no merit to reverse its decision and resolution.”
“As aptly ruled by the Sandiganbayan, there is no showing that the province's direct purchase from Feshan Phils., Inc. at an unconscionable price of more than 500 per cent of the same product, or at least 900 per cent more of the suitable substitutes is justified. Thus, the procurement resulted to the undue injury to the government,” the SC said.
The decision, written by Chief Justice Diosdado M. Peralta, denied Lee’s petition for review.
Aside from Lee, two other Sorsogon officials were charged in the four graft cases.
Hernandez was also convicted by the Sandiganbayan in 2017. It was not known if he filed a petition for review with the SC. Velasco was acquitted by the anti-graft court.
In denying Lee’s petition, the SC also said:
“Here, the purchases of the fertilizer were made sometime in May and June 2004. COA (Commission on Audit) made several price canvasses in the same year and at the approximate time when the purchases were made (November 2004 and February 2005).
“Further, the FPA (Fertilizer and Pesticides Authority) Price Monitor in September and October 2004 is approximate in time with May and June 2004.
“Thus, the COA canvasses as well as the FP A data that were presented and admitted in evidence by the Sandiganbayan are reasonable representations of the actual prices of fe1iilizers at the time the purchases were made.
“These competent pieces of evidence show that the contract entered by the Province of Sorsogon was grossly and manifestly disadvantageous to the Government.
“Again, this Court respects the factual findings of the Sandiganbayan. The Sandiganbayan must have gravely abused its discretion in its appreciation of the evidence presented by the parties and in its factual findings to warrant a review of factual issues by this Court.”
While the SC decision did not mention the penalty imposed on Lee, the provision in Section 9 of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, states:
“Penalties for violations. (a) Any public officer or private person committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act (RA 3019) shall be punished with imprisonment for not less than one year nor more than ten years, perpetual disqualification from public office….”