The Sandiganbayan has convicted former Administrator Carlos S. Salazar of the National Irrigation Administration (NIA) of graft charges in the botched Libmanan-Cabusao Diversion Dam project in Camarines Sur that was budgeted at P713 million in 2008.
Salazar was found guilty for making an advance payment to the winning bidder, A.M. Oreta & Co., Inc., of P98.5 million in 2009 despite lack of prior approval to implement the project from the National Economic Development Authority-Investment Coordination Committee (NEDA-ICC) as required under Executive Order No. 230 and Revised ICC Guidelines and Procedures.
He was sentenced to an indeterminate prison term of six to eight years with perpetual disqualification from holding public office. He was also ordered to pay the NIA a civil liability of P98,546,884.
His co-accused, Ricardo S. Khan Jr. of A.M. Oreta, has been acquitted due to the failure of the prosecution to prove his guilt beyond reasonable doubt.
In the decision issued by the Sandiganbayan’s fifth division, the anti-graft court said that the prosecution has established beyond doubt that Salazar is guilty of violating Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.
The court ruled that Salazar acted with gross inexcusable negligence when he issued a Notice to Proceed despite the absence of the NEDA-ICC approval.
"Accused Salazar was fully aware that a NEDA-ICC approval was required for the project to proceed that is why NIA made several follow ups for the said approval," the decision stated.
"Without the NEDA-ICC approval, the project should not have started or even implemented, and the government should not have suffered losses on a project which in the end was only terminated," it added.
Fifth Division Chairperson Rafael R. Lagos wrote the 61-page decision with the concurrence of Associate Justices Maria Theresa V. Mendoza-Arcega and Maryann E. Corpus-Mañalac.