DAVAO CITY – A former mayor of Baganga town in Davao Oriental and his fellow former municipal officials were found guilty by the Sandiganbayan of violating the anti-graft law for irregularities in the procurement of auto spare parts.
In the decision penned by Justice Alexander Gesmundo, the anti-graft court found guilty beyond reasonable doubt for violating Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) former Baganga Mayor Gerry Morales, Municipal Engineer Roseller Macayra, Municipal Accountant Emeritos Jovilla and Municipal Treasurer Francisco Jimenez, Jr.
The Sandiganbayan sentenced the four officials “to suffer the indeterminate penalty of imprisonment of six years and one month as minimum to ten years as maximum”.
The anti-graft court also said that the four will be perpetually disqualified from holding public office and to indemnify the government of P101,086.37 as actual damage.
The court directed “the issuance of warrants of arrest against OIC-General Services Officer Reymundo Escamillan and Donald Villademosa who remain at-large.”
In their decision promulgated on November 12, 2014, the court ruled “that several procurement violations were committed by the local government executives in the purchase of 10 pieces of exterior tires from Donald Villademosa, owner of Villtrade Marketing, in October 2002.”
The court further explained that “upon audit by the Commission on Audit, it was uncovered that the abstract of canvass was not referred to the Committee on Awards; the purchase order with certification as to the availability of funds was unsigned.”
“Villtrade Marketing is not engaged in the dealership of auto spare parts; delivery receipts and official receipts from Villtrade were wanting; Inspection and Acceptance Report was unsigned; and the items procured were not delivered.”
“By allowing the disbursement of public funds in the amount of P101,086.37 and paying the same to Villtrade Marketing despite the fact that no tires were delivered, accused caused actual damage to the municipality of Baganga and conferred unwarranted benefit to Villtrade Marketing,” the court decision read.
According to the Government Procurement Reform Act (Republic Act 9184), the “law mandates that all procurement shall be done through competitive bidding…”
The Local Government Code (Republic Act 7160) also stressed that “acquisition of supplies by local government units shall be through competitive public bidding.” (davaotoday.com)