Sandigan convicts 2 ex-DA regional officials of 6 graft charges each
Two former officials of the Department of Agriculture’s Regional Field Unit 1 (DA-RFU1) have been convicted by the Sandiganbayan of six counts of graft each for the irregular procurement of fertilizer and seeds in 2004.
Convicted and sentenced to a prison term ranging from six to years for each count of graft were former chief administrative officer Francisco C. Casil and then budget officer III Lourdes V. Gonzales. They were also disqualified perpetually from holding public office.
The anti-graft court ordered them to pay DA-RFU1 P3.41 million, the amount paid to Farmate International Technologies, Inc. (FITI) and CLFAC for the 2,166 bottles of Farmate HMZ 2000 and 584 bottles of Algazinc Plus, respectively.
The case against their co-accused, former regional executive director Reinerio B. Belarmino Jr., has been ordered archived pending his arrest.
But Casil and Gonzales have been acquitted of their two graft charges each for failure of the prosecution to prove their guilt beyond reasonable doubt.
"After a thorough review of the documentary and testimonial evidence on record, as well as the stipulations between the prosecution and the defense, the Court finds that the prosecution proved beyond reasonable doubt that accused Casil and Gonzales violated [graft]," the decision stated.
However, despite "serious efforts" of the prosecution to do the same in two other graft charges, the court said that they cannot be convicted because not all of the elements of graft were successfully proven.
The decision pointed out that Casil and Gonzales were guilty of gross inexcusable negligence when they resorted to direct contracting in the procurement of the liquid foliar fertilizers. They also failed to distribute the liquid foliar fertilizers and various seeds to the farmer-beneficiaries.
It said the procurement should have undergone public bidding since FITI and CLFAC were not the exclusive distributors and manufacturers of the products purchased from them.
Associate Justice Karl B. Miranda wrote the 38-page decision with the concurrence of Sixth Division Chairperson Sarah Jane T. Fernandez and Associate Justice Kevin Narce B. Vivero.