Private individual Lucio D. Lapidez has pleaded guilty to the lesser offense of failure of accountable officer to render accounts, instead of graft and malversation, and has been ordered to pay a fine of P12,000 for both charges.
Lapidez, a representative of Feshan Philippines, Inc., was charged together with then Agusan del Sur Gov. Adolph Edward Plaza and several others in the purchase of bottled fertilizers worth P9.9 million.
The prosecution alleged that the payment was released to Feshan despite the absence of public bidding and the failure to comply with the procedures and conditions for direct contracting.
With his plea to a lesser offense, Lapidez escaped the possibility of a prison term and civil liability if he would be convicted of graft and malversation.
The dispositive portion of the decision on Lapidez states: "The Court hereby authorizes the release to accused Lapidez of the cash deposited as bail for his provisional liberty less the amount of P12,000 which shall be applied to the payment of fine imposed upon him conformably with Section 14, Rule 114 of the Revised Rules of Court.”
The decision was written by fourth division Chairperson Michael Frederick L. Musngi with the concurrence of Associate Justices Lorifel L. Pahimna and Bayani H. Jacinto.
The cases against Plaza are still pending with the Sandiganbayan.
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