The Sandiganbayan has affirmed its ruling that denied the motion of former Mayor Francisvic S. Villamero of Tukuran, Zamboanga del Sur to dismiss his graft case on alleged weakness of the prosecution’s evidence.
In a resolution, the anti-graft court said that “if unrebutted, the evidence presented by the prosecution is prima facie sufficient to support a verdict of conviction against the accused."
With the denial, the graft case against Villamero will proceed with the presentation of his evidence in court.
Villamero, who was accused of violating Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act due to the reportedly anomalous purchase of a motor grader in 2011, said that all testimonial and documentary evidence presented by the prosecution only proved there was no conspiracy among him and his co-accused.
He was charged together with the town’s Bids and Awards Committee (BAC) Chairman Roberto Sayson, Vice Chairman Loreto Penaranda, and Members Rogelim Cabrales, Noe Gozalo, Ricardo Solis, Wilfredo David, Jovito Ondiano, and Solomon Donor, and private individual Cesario Advincula Jr. who is the president of Ivan CARR, a heavy equipment supplier.
The prosecution alleged that on May 11, 2011, they conspired with one another and gave unwarranted benefit and advantage to Advincula and his company in the purchase of one unit of Chenggong MG1320C Motor Grader for P9,450,000.
It also alleged that there were several irregularities in the procurement. It said one of them was the absence of any advertisement on bidding in a newspaper of general circulation.
Villamero told the Sandiganbayan that the transaction was done in good faith, and the position of the prosecution that the supplier, Ivan CARR Industrial Supply and Construction Inc., was not qualified or eligible for the transaction is negated by its own evidence.
He pointed out that Ivan CARR submitted all the required papers and credentials to the technical working group and was a qualified bidder.
The Sandiganbayan rejected his motion in a resolution written by Associate Justice Kevin Narce B. Vivero with the approval of Associate Justice Sarah Jane T. Fernandez and Karl B. Miranda.