The Sandiganbayan has affirmed the conviction of former Mayor Laurencia S. Edma of San Fernando town in Bukidnon and three other persons in the irregular purchase of heavy equipment for P14 million in 2004.
Affirmed was Edma’s conviction in one graft charge and three falsification charges. Former municipal accountant Felipa A. Catanus was convicted of one graft charge, while state auditor Carlito S. Matias was convicted of three falsification charges. Private individual and Mindanao Philippine Sunday Journal proprietor Bernardita G. Basay was found guilty of two counts of falsification.
They were charged and convicted in the purchase of a brand-new soil compactor from Monark Equipment Corporation through direct contracting instead of public bidding, which was a violation of the Government Procurement Act.
Despite their claim that the purchased heavy equipment in question was delivered in good condition which belied the existence of any irregularity in the procurement, their motion to reconsider their conviction was denied by the anti-graft court.
The court ruled that there was no merit in their motion and reiterated that the prosecution was able to overturn the presumption of good faith and regularity of performance of official functions.
"The accused public officials of San Fernando deliberately resorted to the alternative mode of direct contracting, in disregard of the general requirement to hold public or competitive bidding of the heavy equipment in question," the court’s resolution stated.
"The non-compliance with conducting public bidding thus produced a snowball effect, which accumulated further violations of law," the court stressed.
Seventh Division Chairperson Ma. Theresa Dolores C. Gomez-Estoesta wrote the 13-page resolution with the concurrence of Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo.
TAGS: #Sandiganbayan #Ex-Mayor Edma