The Sandiganbayan has convicted seven former officials of the Philippine National Railways (PNR) of two graft charges in the purchases of more than P47 million worth of wood in 2013.
Convicted were former division manager Abdul Aziz M. Pangandaman, former department managers Estelito A. Nierva and Ruben Arsenue Besmonte, lawyer Neofito C. Perilla, assistant department manager Gracia D. Dantes, and principal engineers Cesar Lasquite Bocanog and Mario "Marlo" Dator Arias.
They were sentenced to a prison term ranging from six to 10 years for each count of graft and perpetually disqualified to hold public office.
Their co-accused – former general manager Junio Norberto M. Ragragio and division manager Rosendo C. Calleja -- have been acquitted for failure of the prosecution to prove their guilt beyond reasonable doubt.
The first graft charge involved the purchase of 9,090 Larch wood bridge ties, 428 pieces Larch wood joint ties, and 25 sets Larch wood switch ties worth P37,747,832.60 from Nikka Trading even if the bidding documents required Yakal wood.
In the second charge, while the documents required Yakal wood, the accused allowed the delivery of 1,040 Larch wood bridge ties, 514 pieces of Larch wood joint ties, and 16 sets of Larch wood switch ties for P9,387,148.23.
In its decision, the anti-graft court said the seven accused acted with gross inexcusable negligence when they allowed the delivery of Larch wood and not Yakal wood despite the specification of Yakal during the award and post-qualification proceedings.
"There was certainly a substantial variance between the terms and conditions under which the bids were invited, conducted, and contracted, with the goods delivered after the award," the court said.
"There was a duty to act, to verify, and to ascertain that the goods subject of the procurement was Yakal. Had Larch wood been intended at the outset, this should have been accurately reflected, at least as compliant, in the technical specification aspect of the evaluation and awarding process," it added.
The 69-page decision was written by Seventh Division Chairperson Ma. Theresa Dolores C. Gomez-Estoesta with the concurrence of Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo.