Two former officials of the Autonomous Region in Muslim Mindanao (ARMM) have been convicted of graft by the Sandiganbayan on the irregular purchase of rescue kits for P16.5 million in 2003.
Convicted and sentenced to a prison term ranging from six to 10 years with perpetual disqualification to hold public office were former ARMM Disbursing Officer Serda I. Hassan-Bangsa and ARMM-Manila Liaison Office Chief Socorro Franco Natividad.
They were also ordered to pay Geneve S.A. Philippines, supplier of the rescue kits, P5 million representing the balance of the purchase price.
The graft case against their co-accused – former ARMM Gov. Parouk S. Hussin and former acting Accountant Ricardo B. Luna – has been archived. They have not turned themselves over to the anti-graft court for the court to gain jurisdiction over their persons.
The case against them stemmed from the purchase of 60 medical emergency kits at P275,000 each or a total of P16.5 million from Geneve S.A. Philippines Inc., Makati City in 2003.
The prosecution told the court that Hassan-Bangsa and Natividad, together with Hussin and Luna, paid the down payment of 50 percent of P16.5 million despite lack of public bidding for the purchase.
Since ARMM had no funds available for the transaction, it incurred an outstanding obligation of P8.25 million to Geneve S.A. Philippines.
In its decision, the anti-graft court said that while ARMM had allotment releases of P4,740,445,951 as of Dec. 31, 2002, Hassan-Bangsa and Natividad failed to adduce any evidence showing that funds from the said allotment releases were intended for the purchase of the rescue kits.
The court also said that the accused also failed to present the Allotment and Obligation Slip (ALOBS), a required supporting document to the disbursement voucher.
Also, the court said, the accountant of ARMM failed to certify that funds were available for the purchase of the rescue kits.
"The lack of available funds, absence of public bidding, and incomplete supporting documents in the procurement of the GPI Rescue Kits show bad judgment, fraudulent and dishonest purpose, perverse motive, ill will, furtive design, self-interest, or ulterior purpose that qualify bad faith as evident," the court’s decision stated.
It also ruled that there was undue injury caused to Geneve S.A. Philippines in the amount of P5 million since the down payment of P8.25 million was already received by firm; P250,000 was paid by Hussin; and P3 million was paid to Geneve S.A. Philippines President Senen I. Arabaca.
"The prosecution has proven beyond reasonable doubt all the elements of against accused Hassan-Bangsa and Natividad, acting in conspiracy with each other and accused Hussin and Luna," the court said.
The decision was written by Associate Justice Karl B. Miranda with the concurrence of Associate Justices Sarah Jane T. Fernandez and Kevin Narce B. Vivero of the court’s sixth division.