The Sandiganbayan has sentenced former Mayor Orville Fua of Lazi town, Siquijor province, and five others to up to ten years behind bars in connection with the anomalous purchase of fertilizers to the tune of P4.99 million in 2004.

The conviction follows the 85-page ruling handed down on 7 December by the anti-graft court Third Division, which found Fua, ex-municipal engineer Natalio Jumawan Jr., municipal treasurer/bids and awards committee member Rose Marie Tomogsoc, ex-private secretary Sue Castillon and private respondent Merlyn Lu, guilty of violating Section 3 (e) of the Anti-Graft and Corrupt Practices Act (RA 3019).

Apart from the conviction, they were also perpetually disqualified from holding public office.

Their co-accused, ex-municipal coordinator Teodoro Jumadla Jr., and ex-municipal accountant Ana Marie Monte, however, walked free from the charges due to the prosecution's failure to prove their guilt beyond reasonable doubt.

Filed by the Ombudsman in 2019, the case pertains to the irregular purchase of 2,096 bottles of MRG liquid fertilizer priced at P1,550 per bottle and 1,258 bags of DEL GRO super foliar fertilizer, costing P1,550 per bag, or for a total of P4,990,752 in May 2004.

The Ombudsman said the local officials gave "unwarranted benefits, privilege, and advantage to" Milne and Lu of Mangopina Trading Co. Inc., based in San Pablo City, Laguna province, when they procured the fertilizers despite knowing fully well that the transaction violated the Government Procurement Reform Act (RA 9184).

Court records showed that the transaction transpired notwithstanding the "irregularities" and "anomalies" attending the procurement process due to the damage and prejudice of the government.

In indicting the accused, the Sandiganbayan said it found substantial grounds that would warrant a conviction.

The court found that subject bidding was not properly advertised, no invitation to bid was issued, and there was no pre-bid conference conducted, all in violation of Section 21 of RA 9184.

"The BAC did not review any eligibility requirement of Mangopina, and there was no proper bid evaluation done by the BAC in the questioned procurement," it said.

Citing court records, the Sandiganbayan said the BAC did not conduct any post-qualification proceedings before it allowed Mangopina to deliver the fertilizers.

"Had post-qualification proceedings been conducted on the subject procurement, accused Castillon, Jumawan, Tomogsoc, and Fua could have readily discovered that Mangopina was unqualified to enter into any kind of contract with the municipality because it did not possess a valid business permit, and… was unauthorized to sell or offer for sale fertilizers because its 'manufacturer-distributor' license had already expired at the time material to this case," the court said.