Sandigan grants private individual's guilty plea to lesser offense
A private individual who pleaded guilty to a lesser offense of frauds against public treasury, instead of graft, in the fertilizer fund scam in Butuan City was convicted and fined P20,000.
Lucio D. Lapidez, representative of Feshan Philippines, Inc., was originally charged with graft in the purchase of P4.5 million worth of liquid fertilizer in 2004.
He changed his original plea of not guilty on two graft charges to guilty on two counts of frauds against public treasury under the Revised Penal Code.
His co-accused, former Butuan City mayor Leonides Theresa B. Plaza, had been convicted in a decision handed sown on Nov 29, 2019. Plaza was ordered to return P4.5 million to the government and to pay the same amount as civil liability.
The prosecution said that Lapidez conspired with Plaza in the purchase of the liquid fertilizer which was disadvantageous to the city government.
Plaza’s plea-bargaining agreement – a process of pleading to a lesser offense for a lesser penalty – was approved by the prosecution during Lapidez’s re-arraignment last May 5.
The resolution granting the plea-bargaining was written by Associate Justice Bernelito R. Fernandez with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Ronald B. Moreno.