The Sandiganbayan has affirmed the conviction of former Department of Agriculture (DA) regional budget officer Lourdes V. Gonzales for graft in the irregular procurement of fertilizer and seeds in 2004.
Gonzales and former DA administrative officer Francisco C. Casil were convicted of graft and sentenced to six to 10 years imprisonment.
They were also barred perpetually from holding public office and ordered to reimburse DA’s regional field office 1 of P3.4 million, the money 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.
They were acquitted in two other graft charges for failure of the prosecution to prove their guilt.
Gonzales appealed her conviction. She told the court that her membership in the bids and awards committee (BAC) does not by itself produce the crime of graft.
She pointed out that the evidence of the prosecution is "hearsay and inadmissible" because witnesses who had firsthand knowledge of the transactions did not testify.
But the Sandiganbayan said: "The arguments of accused Gonzales on the violation of Section 3(e) of Republic Act No. 3019 are without merit. These are the same issues and arguments that have already been considered and passed upon by the court."
The court pointed out that the public documents produced by the prosecution enjoy presumption of regularity and prima facie evidence of the facts stated.
It stressed that the trustworthiness of the public documents was given value because of the sense of official duty in the preparation of the statement made.
The court’s four-page resolution dated July 7, 2023 was written by Associate Justice Karl B. Miranda with the concurrence of Sixth Division Chairperson Sarah Jane T. Fernandez and Associate Justice Kevin Narce B. Vivero.