Former Zambo Sur mayor off the hook from graft raps
'Undue injury to the government or any party was not established.'
Daily Tribune'Undue injury to the government or any party was not established.'
The Sandiganbayan Sixth Division has ruled that former Tukuran, Zamboanga del Sur mayor Francisvic Villamero not guilty of graft charges from the alleged anomalous purchase of a motor grade amounting to P9.45 million in 2011.
In a 95-page decision dated 13 August, the anti-graft court ruled that the prosecution had failed to sufficiently substantiate claims that the transaction was executed with corrupt intent.
Also acquitted of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (RA 3019) are Bids and Awards Committee chairperson Roberto Sayson, vice chair Loreto Peñaranda and members Rogelim Cabrales, Wilfredo David, Councilor Noe Gozalo and alternate BAC members Ricardo Solis and Jovito Ondiano and Cesario Advincula Jr., president and chief executive officer of IVAN CARR Industrial Supply and Construction Inc.
According to the Sandiganbayan, while the acts of the ex-local officials may be considered to have been committed with gross inexcusable negligence, “such is not immediately tantamount to giving unwarranted benefits to IVAN CARR, absent a showing that it was done with corrupt intent.”
In 2018, the Ombudsman charged Villamoro and his co-accused for allegedly taking advantage of their position in giving unwarranted benefits to IVAN CARR through Advincula by awarding the latter a supply contract in May 2011 for the procurement of one unit of Chenggong MG1320C motor grader to the tune of P9,450,000.
The Ombudsman also flagged irregularities, such as the absence of an advertisement on bidding in a newspaper of general circulation and an invitation to bid posted on the Philippine Government Electronic Procurement System website.
The Sandiganbayan also said that the prosecution failed to establish that the public officers gave unwarranted benefit to IVAN CARR or that the government sustained an undue injury, which is the crux of graft.
“Undue injury to the government or any party was not established. While there may have been allegations of overpricing, this was not proved during trial,” it said.
“There is no dispute that the LGU of Tukuran actually procured the Chenggong Motor Grader, and that the same was delivered,” said the anti-graft court.
Aside from the fact that undue injury to the government was not established, the Sandiganbayan also ruled that there was no proof of actual damage to any party.
“Further, it does not appear that the BAC took into account the brand name when it evaluated the bids. therefore, there can be no unwarranted benefit, advantage or preference given to specific brand, and consequently, a specific supplier,” it added.
“In fine, the evidence failed to establish the guilt of the accused beyond reasonable doubt since the last element, i.e., causing undue injury to any party, including the government, or giving any unwarranted benefits, advantage or preference, is not present in this case,” the Sandiganbayan ruled.
