The Sandiganbayan has affirmed its decision that convicted former Vice Mayor Yolando B. Tuquero and six municipal councilors of Viga, Catanduanes in the 2005 purchase of a backhoe loader without complying with the government’s procurement law.
Aside from Tuquero, also convicted in the decision promulgated on Oct. 9, 2020 were Sangguniang Bayan (SB) members Lourdes Alberto del Rosario, Rosario T. Mollasgo, Domingo Creer Villanueva, William Tuno Tuplano, Horacio Timola Aquino Jr., and Gomercindo Tebelin Litong.
They and former Viga Mayor Jose dela Cruz Toress were found guilty of violation of Section 3(e) of Republic Act 3019, the Anti-Graft and Corrupt Practices Act in the purchase of a backhoe loader from Compressed Air Machineries Equipment Corporation (CAMEC) for P13.95 million without public bidding and with a declaration that CAMEC was the sole distributor of the equipment.
All the accused were sentenced to a prison term ranging from six years and one month to 10 years with perpetual disqualification to hold public office.
Tuquero and the six councilors, except Torres, filed a motion to reconsider the Sandiganbayan’s decision.
They claimed that since the backhoe loader was not purchased they cannot be indicted for an offense that was not consummated, and no damage was sustained by the municipality.
But the Sandiganbayan denied their motion. The court said that the prosecution was able to prove that they acted with manifest partiality, evident bad faith, and gross inexcusable negligence when they issued SB Resolution No. 41, s. 2005.
The court said the SB resolution specifically identified CAMEC as the lone supplier of the backhoe loader and that the supplier was exempt from public bidding.
Since there was not enough budget for the purchase, Torres had to enter into a loan agreement with the Philippine National Bank with authority from the municipal council.
"Verily, accused-movants, in unanimously approving the Resolution and in not questioning and delving deeper into the transaction which transgressed R.A. 9184 (Government Procurement Reform Act) and its implementing rules and regulations, would now have to bear the consequences of their actions under the law," the Sandiganbayan ruled.
The court’s resolution was written by Associate Justice Ronald B. Moreno with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez.