The Supreme Court (SC) has affirmed the conviction of Orville Fua, former mayor of Lazi, Siquijor, and other public officers for graft involving more than PHP4.9 million worth of fertilizer procurement.
In a decision written by Associate Justice Amy Lazaro-Javier, the SC’s Second Division affirmed the Sandiganbayan’s ruling that found former Lazi officials Fua, Rose Marie Tomogsoc, Natalio Bongcawel Jumawan Jr., and Sue Agnes Castillon, and private individual Merlyn Estallo Lu guilty of violating Section 3(e) of Republic Act No. (RA) 3019, or the Anti-Graft and Corrupt Practices Act.
In 2004, Fua signed a purchase request for the procurement of fertilizers or farm inputs for the town’s Fertilizer Program. The Department of Agriculture (DA) and Lazi then entered into a memorandum of agreement to transfer PHP8 million to implement the project.
Of three bidders, the contract was awarded to Mangopina Trading, Inc., represented by Lu.
The Office of the Ombudsman, however, found no records showing that the municipality invited other bidders or suppliers from nearby areas, or that the project was published or advertised in a newspaper of general circulation.
The Commission on Audit also found several procurement deficiencies, including the lack of a Special Allotment Release Order supporting the municipality’s Fertilizer Program and proof that a pre-bid conference was conducted.
The Sandiganbayan convicted Fua and others.
In affirming the conviction, the SC held that the elements under Section 3(e) of RA 3019 are present, as they are public officers who unjustly favored Mangopina and that their actions have given unfair advantages or benefits to another person.
SC found that Fua and Tomogsoc approved the purchase request and certified that funds were available even before the municipality entered into an agreement with the DA.
According to the SC, these actions had no basis at the time, as the agreement was signed later and the funds were released only months afterward.
The Court also ruled that Mangopina and other bidders did not submit the required documents to determine their qualifications in violation of RA 9184, or the Government Procurement Reform Act, and other procurement requirements were also not followed.
The SC said the Bids and Awards Committee evaluation, recommendation, approval of the transaction, and issuance of the purchase order all happened on the same day.
The high tribunal also found that Mangopina was not qualified to supply the fertilizers because it had not paid the fees to renew its mayor’s permit and its manufacturer-distributor license had already expired.
Fua and others were sentenced to up to 10 years in prison. They were also perpetually disqualified from holding public office.*PNA
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