Town mayor, 7 others found guilty of graft

CEBU, Philippines - The Sandiganbayan has found Aloguinsan Mayor Cynthia Moreno and other town officials and employees guilty of purchasing construction materials worth P1 million without public bidding in 2007.

In a 28-page decision, Associate Justice Efren dela Cruz said grounds are sufficient to hold the officials guilty of violating the Anti-graft and Corrupt Practices Act.

Also found guilty are Municipal Budget Officer Nonela Villegas, Municipal Agricultural Officer Marilyn Flordeliza, Municipal Assessor John Lim, Municipal Engineer Orven Nengasca, Municipal Civil Registrar Pepito Manguilimotan, and utility workers Gertrudes Ababon and Emilia Luz Celis.

“After a judicious assessment of the testimonial and documentary evidence on record, the court finds, and so holds, that the prosecution has sufficiently established that all the accused committed the offense charged,” the decision reads.

The accused are facing imprisonment of up to 10 years and perpetual disqualification from holding public office.

Moreno will exhaust all legal remedies to reverse the ruling.

Speaking on behalf of his wife and other accused, Moreno’s husband, former Aloguinsan mayor and now Vice Mayor Augustus Caesar Moreno, said the decision is not yet final and executory.

“Duna pa’y kumbate although ingon ana ang kumbate, they can still avail of legal remedies, they are still hopeful duna pa’y remedies,” he said.

Allegations

The case against the accused stemmed from the complaints filed by former councilor Felimon Georsua  Jr., before the Office of the Ombudsman-Visayas.

Georsua alleged that the accused purchased aluminum composite panels, 255 lengths of square tube, 12.5 lengths of Angular, 10 lengths of Angular, 535 tubes of Silicone Sealant, 1,800 pieces of Tox and Screw, 250 rolls of Masking Tape and one roll of 10mm P.E. Foam from Diamond Interior Industries Corporation (DIIC) worth P1,118,635.30 without public bidding.

These materials were reportedly for the metal cladding project for the town’s building.

Georsua said he learned about the project from municipal treasurer Maricar Rosario who also reportedly informed him that the Bids and Awards Committee (BAC) procured aluminum composite panels without holding a valid public bidding.

Georsua’s allegations were corroborated by testimonies of witnesses.

Moreno has denied the accusation.  She said she instructed Nengasca to start procurement after Rosario informed her that the funds for the purchase of aluminum composite panel were already available. She said Nengasca directed Lyn Tojeno, an employee of the municipality and a BAC member, to do the canvassing. A canvass report was shown to her on March 11, 2007.

After the canvass, Manguilimotan, the chair of BAC, showed her a sole distributor certificate from DIIC and signed the purchase order on March 22, 2007.

Moreno said before she signed the purchase order on March 22, 2007, she first consulted an auditor from COA and was told that it was all right to purchase aluminum composite panels using the sole distributor certificate. The purchased items were delivered by DIIC on July 11, 2007.

DIIC eventually demanded payment but the town did not pay because the certificate of sole distributorship issued by DIIC was reportedly not original, thus, it proceeded with a bidding.

Moreno said she was informed that a public bidding was conducted on August 25, 2007 but she had no participation in the process because she wasn’t part of BAC. Per minutes of a bidding on August 25, 2007, the bidders included Maliege, JAH and DIIC reportedly offered the lowest price.

The other accused also denied the allegations and claimed bidding was conducted.

Ruling

The Sandiganbayan, however, ruled against the accused.

Dela Cruz said it was clear that Moreno, head of the procuring entity, signed the Program of Work, the Purchase Request, the Purchase Order, the Justification and the Disbursement Voucher.

He also said it was clear that the purchase order of the said item was on March 22, 2007 and it was delivered on July 11, 2007.

On August 15, 2007, DIIC demanded the payment and a check was issued on November 14, 2007, which DIIC acknowledged on November 16, 2007.

“It is obvious from these documents and the turn of events that the purchase from DIIC was done prior to August 25, 2007. Of course, there could have been no purchase order in favor of DIIC had if not been decided that the subject materials would be purchased and there could have been no delivery and demand for payment from DIIC had not the municipality agreed that DIIC would deliver.”

“Thus, the claimed August 25, 2007 could not be the basis for the consummation of the transaction between DIIC and the municipality. The transaction was already perfected before August 25, 2007,” the decision reads.

Dela Cruz said that while payment was withheld because DIIC failed to present the original certification of distributorship, inconsistency in her declaration surfaced when she signed the Justification and stated, “we go on with the purchase price since the price was deemed reasonable and disadvantageous to the government and the items were installed already.”

“The totality of evidence shows that the bidding, if it all there was one, in paper or in actuality, or both, as not a competitive bidding in the real sense of the word, and as required by law. It was done only after the transaction with DIIC was completed, and after Rosario questioned the Disbursement Voucher without the supporting bid documents,” the decision reads. — /JMO (FREEMAN)