The Sandiganbayan has convicted former Aurora governor Gerardo "Jerry" A. Noveras and seven others of their graft charge involving the irregular repair of a bridge and road in 2014.
Noveras, together with Provincial Administrator Simeon A. De Castro, Provincial General Services Officer Ricardo Q. Bautista, Provincial Budget Officer Norma R. Clemente, Provincial Legal Officer Paz L. Torregosa, Assistant Provincial Engineer Benedicto S. Rojo, Executive Assistant IV Isaias A. Noveras Jr., and private individual Manding Claro R. Ramos of RMCR Construction, were sentenced to six to 10 years imprisonment with perpetual disqualification to hold public office.
Their criminal act stemmed from the undue advantage given to RMCR Construction when the company was awarded the contract for the repair of the Dimalang Bridge Approach of the Casiguran-Dilasag Provincial Road and the Road Section of the Casiguran-Dilasag Provincial Road even though there was no public bidding conducted for it.
The prosecution said in the charge sheet that the accused "rigged the bidding process" for the said transaction, since RMCR had already implemented and almost completed the repair projects even before the procurement process was concluded.
"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 evidence presented proved beyond reasonable doubt that accused Noveras, De Castro, Torregosa, Bautista, Rojo, Noveras Jr., Clemente, and Ramos violated Section 3(e) of Republic Act No. 3019," the court ruled.
The court found that the prosecution was successful in proving that the projects were completed as early as Aug. 15, 2014, contrary to the Sept. 24, 2014 completion date stated in the Certificates of Final Project Completion.
"It is impossible for the Repair of Bridge and the Repair of Road to be finished in one day given that they were estimated to take between 30 and 60 calendar days to complete, respectively," the court said. "It was likewise impossible to have finished both projects on Aug. 15, 2014 because the Notices to Proceed allowed RMCR Construction to begin only on Aug. 25, 2014."
Since RMCR Construction started both projects early even before the bidding process began, the court said that manifest partiality was clearly given to the company.
The 49-page decision dated Sept. 4 was penned by Associate Justice Karl B. Miranda with the concurrence of Sixth Division Chairperson Associate Justice Sarah Jane T. Fernandez and Associate Justice Kevin Narce B. Vivero.
Noveras won as Aurora's vice governor in the 2022 elections; however, he was unseated by the Commission on Elections (Comelec) after it was found that he used the provincial government's tarpaulin printer to create his campaign materials.