The Sandiganbayan has convicted former mayor Carolina Lacson Dellosa of Baliwag town, now a city in Bulacan, of graft in the irregular purchase of a vehicle in 2014.
Dellosa was sentenced to a prison term ranging from six to eight years with perpetual disqualification to hold public office.
She was found guilty of graft for giving unwarranted benefits to Freeway Motor Sales of Baliuag Corp. when she approved the award for the procurement of one unit of 2.0L Mitsubishi MIVEC DOHC 4Bll 1998 CC Active Sports Crossover.
The court said that Dellosa approved the procurement despite the fact that a specified brand name was made by the bids and awards committee (BAC) in violation of Republic Act No. 9184, the Government Procurement Reform Act.
“Section 18 of R.A. No. 9184 is clear, with no exceptions, that reference to brand names in procurement is prohibited,” it said.
During the trial, Dellosa vehemently denied signing the documents on the procurement of the vehicle. However, the court said, the prosecution's evidence successfully proved that Dellosa signed and approved the procurement documents.
It said there was no proper justification for choosing a specific brand name. "It should also be noted that the purpose for the procurement of the subject vehicle was to perform 'official business with the national and local agency,'" it also said.
At the same time, the court said: "It has not been justified that no suitable substitute could be obtained from the market at more advantageous terms to the government."
"As the local chief executive and Head of Procuring Entity, it behooves upon her to have exercised reasonable degree of caution and sound judgment before stamping her approval on official documents. Had she been more circumspect in examining the documents, she would have noticed the irregularities and the patent disregard of the law,” the court stressed.
Associate Justice Ronald B. Moreno wrote the 35-page decision with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez.