The Sandiganbayan has affirmed the graft conviction of former Tourism Secretary Joseph Felix Mari "Ace" Hotchkiss Durano and five others due to the anomalous purchase of the P2.7 million Department of Tourism (DOT) Wall Calendar in 2008.
Durano and former Undersecretary Oscar Policarpio Palabyab, Financial Management Service Director Grace Reyes Yoro, bids and awards committee (BAC) members Eduardo Alvarez Jarque Jr. and Adriana Mesa Flor, and Legal Affairs Office Director IV Evelyn Respicio Cajigal were found guilty of violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.
They were sentenced to six to 10 years imprisonment with perpetual disqualification from holding public office in a decision promulgated on Nov. 26, 2021.
Durano and his co-accused filed their respective motions for reconsideration. Palabyab and the BAC members pinned the blame on Durano in their motion, and alleged that it was Durano who deliberately violated the procedure for direct contracting and extended unwarranted benefits to PDP Digital Inc.
They claimed they are not guilty of gross inexcusable negligence, and there is no act of conspiracy by silence.
Durano and Jarque Jr., on the other hand, maintained that they were not motivated by any evil scheme to profit and they made an "honest albeit mistaken belief" that the alternative mode of direct contracting was warranted.
However, the anti-graft court decided to deny their motions. In a resolution, the court said: "All of them committed transgressions. They grossly disregarded the law and were remiss in their duties by not observing or even attempting to observe the directives of the General Procurement Reform Act, which resulted in undue benefits to PDP Digital.”
"It confounds the Court how none of herein accused apparently knew or understood their tasks under said statute: Knowledge of the procurement rules is not optional. Compliance therewith is not discretionary. And a blatant disregard thereof by the very officials mandated by law to enforce and observe the procurement rules - or worse, feigning ignorance thereof - in order to favor a supplier cannot be countenanced," the court also said.
The 20-page resolution that denied the motions was written penned by Associate Georgina D. Hidalgo with the concurrence of Associate Justices Ma. Theresa Dolores C. Gomez-Estoesta and Zaldy V. Trespeses.
In the criminal complaint filed before the Sandiganbayan, Graft Investigation and Prosecution Officer III Maria Vida Hechanova said that Durano and the others were faulted for procuring the DOT Wall Calendar 2009 worth P2.7 million without the conduct of public bidding on Oct. 17, 2008.
Court records showed that Durano entered into a memorandum of agreement with PDP Digital, Inc. for the conceptualization and development of a back-to-back calendar without any recommendation from the BAC.
He then issued a certification dated Dec. 2, 2008 identifying PDP Digital, Inc. as the supplier and justified the DOT's action to engage the company's services, which the BAC used to support its November 2008 resolution.