Romblon solon walks free from P4.8-M graft

The Sandiganbayan on Thursday cleared Romblon Rep. Eleandro Madrona of a graft charge in connection to the alleged anomalous procurement of P4.8 million worth of liquid organic fertilizer in 2004.

In a 47-page decision, the anti-graft court Sixth Division absolved Madrona and his cohorts of the criminal offense, citing the prosecution's failure to establish with moral certainty all the elements of Section 3(e) of the Anti-Graft and Corrupt Practices Act (RA 3019) that were purportedly breached.

"The prosecution having failed to discharge its burden of proving beyond reasonable doubt the guilt of the accused, the latter are entitled to a judgement of acquittal," the court ruled.

The case against the solon pertains to the procurement of 3,333 bottles of Bio Nature fertilizer from Feshan Philippines Inc. in 2004 during his stint as the governor of Romblon.

The Ombudsman alleged that Madrona took advantage of his post by giving unwarranted benefits, privileges, and advantages to Feshan by awarding it a P4,863,823.19 contract for the purchase of the liquid organic fertilizer, which cost P1,500 per bottle.

Graft probers said Madrona and his co-respondent resorted to direct contracting instead of the mandated public bidding, which was a violation of the Government Procurement Reform Act (RA 9184).

In acquitting Madrona, the Sandiganbayan said the prosecution was unsuccessful in proving that the lawmaker gave unwarranted preference to Feshan, considering that the Bio Nature fertilizer was "completely delivered" and was not "overpriced."

"To the mind of this Court, these two crucial facts signify the absence of unwarranted benefit. Indeed, the benefit derived by Feshan Philippines Inc., from the subject transaction is the result of its delivery of the fertilizers procured by the province of Romblon in compliance with its commitment," the court said.

"Hence, it cannot be said that the revenue they received were unwarranted—meaning, lacking in adequate or official support; unjustified; unauthorized; or without justification or adequate reason," it added.