The Sandiganbayan has convicted the former president of the now defunct National Agribusiness Corporation (NABCOR) of his graft charge for hiring and paying a financial advisor P4.7 million in 2012 without public bidding.
Convicted was Honesto F. Baniqued who was sentenced to a maximum of eight years imprisonment with perpetual disqualification to hold public office. He was also ordered to pay P4.7 million in civil liability to the Department of Agriculture (DA).
NABCOR, used to be engaged in the production of livestock and agriculture products, was an attached corporation of DA.
The charge against Banique for violation of the Anti-Graft and Corrupt Practices Act arose from the hiring of Rodolfo V. Romero as NABCOR’s financial advisor.
The prosecution told the Sandiganbayan that Baniqued allowed the payment of P4.7 million which represented Romero's 50 percent claim of the stipulated remuneration in the Contract of Service, despite lack of sufficient documentary evidence to support the payment claim.
In its decision, the Sandiganbayan said that Romero's engagement as financial advisor was not in accordance with the procedures prescribed under Republic Act No. 9184, the Government Procurement Reform Act.
Even Baniqued, himself, admitted during the trial that Romero's engagement with NABCOR did not go through the required public bidding because he "heard" from his team that it was not necessary. He also said that Romero was hired based on the recommendation made by his lawyer friend.
"The Court finds accused Baniqued's explanation unacceptable," the anti-graft court said. "In fact, there was no evidence presented by accused Baniqued that 'only a few' of this kind of consultants were available," it also said.
"The Court finds that accused Baniqued's negligence under the circumstances was not only gross but also inexcusable," as it pointed out that Baniqued, as president, should know the proper procedure in the procurement of supplies, goods, and services.
“Had accused Baniqued followed the requirement of public bidding in engaging a financial advisor, and had he acted with due care and exercised extraordinary diligence under the circumstances, all these could have been avoided and prevented early on,” the court stressed.
Associate Justice Rafael R. Lagon, chairperson of the Sandiganbayan’s fifth division, wrote the decision. Associate Justices Maria Theresa V. Mendoza-Arcega and Maryann E. Corpus-Manalac concurred.