The Sandiganbayan has convicted of graft charges former mayor Orville A. Fua of Lazi town in Siquijor and four other persons in the purchase of P4.99 million worth of fertilizer in 2004.
Aside from Fua, also convicted were town secretary Sue Agnes A. Castillon, municipal engineer Natalio B. Jumawan Jr., municipal treasurer Rose Marie V. Tomogsoc, and Mangopina Trading Company, Inc. representative Merlyn E. Lu.
They were sentenced to a prison term ranging from six to 10 years imprisonment and barred perpetually from holding public office.
Earlier acquitted of the same charge were planning development coordinator Teodoro Gom-Os Jumadla Jr., and municipal accountant Ana Marie Leilani S. Monte.
The case against Mangopina Trading’s representative Yolanda P. Milne has been archived pending her arrest or surrender.
The charge against those convicted stated that they purchased 2,096 bottles of MRG Liquid Fertilizer at P1,550 per bottle and 1,258 bags of DEL GRO Super Foliar Fertilizers at P1,550 per bag or a total of P4,990,752 on May 7, 2004.
The prosecution said that the purchase request for the fertilizers were issued prematurely, and they violated the Government Procurement Reform Act by indicating a brand name. There was also lack of performance security bond on the part of the supplier, as well as lack of proof of the project's implementation, it also said.
In its decision, the anti-graft court ruled that Fua and Tomogsoc signed and issued the purchase request ahead of the execution of the memorandum of agreement (MOA) with Mangopina.
Fua, Castillon, Jumawan, and Tomogsoc were also found to have "blatantly disregarded" the provisions of the Government Procurement Reform Act when they "skewed the purported bidding in favor of Mangopina," the court said.
It also said that accused referred to the brand names of the fertilizers when they issued their procurement documents, and the bids and awards committee (BAC) did not review any eligibility requirement from the supplier.
The court pointed out: "The records do not show that the BAC conducted any post-qualification proceedings before it allowed Mangopina to deliver the subject fertilizers. Had post-qualification proceedings been conducted on the subject procurement, accused... could have readily discovered that Mangopina was unqualified to enter into any kind of contract with the municipality because it did not possess a valid business permit."
At the same time, the court said Mongopina was unauthorized to sell or offer to sell fertilizers because its "Manufacturer-Distributor" license had already expired.
"Taken collectively, the individual acts of the accused demonstrate that they were animated by a common criminal design by acting with manifest partiality which gave unwarranted benefit to Mangopina," the court also said.
Presiding Justice Amparo M. Cabotaje-Tang wrote the 85-page decision dated Dec. 7 with the concurrence of Associate Justices Bernelito R. Fernandez and Ronald B. Moreno.