Carcar ex-mayor fined over fertilizer scam

CEBU, Philippines —  Carcar City Ex-Mayor Mario Patricio Barcenas has pleaded guilty of a lesser offense to avoid undergoing a full trial for a graft case, which stemmed from the alleged anomalous purchase of fertilizer in 2005 during his term as mayor.

Barcenas, on January 22, pleaded guilty before the Sandiganbayan Seventh Division of failure to render accounts as defined and penalized under Article 218 of the Revised Penal Code (RPC).

Barcenas' voluntary admission of guilt was in accordance with a plea bargain deal that he entered into with the Office of the Ombudsman.

Under the deal, Barcenas would plead guilty to a lesser offense in exchange for the dropping of the original case of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which, upon conviction, carries a penalty of six up to 10 years of imprisonment and perpetual disqualification from public office.

With his voluntary admission of guilt, the Seventh Division only fined Barcenas P5,000. This, however, is on top of the P249,000, which Barcenas agreed to pay to the Carcar City government as civil liability, still as part of his plea bargain deal with the Ombudsman.

The Seventh Division stressed that a plea bargaining is authorized under Section 2, Rule 116 of the Revised Rules of Criminal Procedure to promote a “mutually satisfactory disposition the case.”

The court noted that the plea bargain agreement had the approval of Ombudsman Samuel Martires. The court added the Ombudsman's prosecution team even manifested its “full support” of the plea bargain deal and said that it will no longer be presenting evidence against Barcenas.

“Clearly, this Court cannot compel the prosecution to continue prosecuting the case by virtue of its agreement that accused be allowed to plea bargain to a lesser offense. The plea bargaining agreement is thus considered approved,” the Seventh Division said in its decision promulgated on January 22.

Filed by the Ombudsman in 2018, the case stemmed from Carcar’s purchase of 166 liters/bottles of foliar liquid fertilizer from private supplier M.M. Castillo General Merchandise amounting P249,000.

The Ombudsman said the fertilizer, with brand name Ferti King Foliar Fertilizer, was purchased between April to May 2005 through direct contracting instead of a public bidding, in violation of Republic Act 9184 or the Government Procurement Reform Act.

The Ombudsman also said the supporting documents for the transaction lacked the required information, such as the failure to indicate in the Acceptance Report whether there was a complete or just a partial delivery of the items procured. 

The Ombudsman said the disbursement voucher do not have the required signature of the municipal accountant. Philippine Star News Service, JMO (FREEMAN)