Ex-Zamboanga del Sur governor acquitted of graft anew

The Sandiganbayan has absolved former Zamboanga del Sur Governor Aurora Cerilles of graft charges in relation to the alleged anomalous procurement of P8.6 million worth of furniture and fixtures without mandatory public bidding in 2009.

In a 68-page decision disclosed on Wednesday, the anti-graft court’s Second Divison ruled that the prosecution failed to prove that the absence of public bidding has deprived and caused undue injury to the provincial government.

Also acquitted were provincial administrator and bids and awards committee chair Pepito Degamo, BAC members Mark Anthony Padayhag, Tyronne Singgo, Marilyn Bersales, Wenefreda Cañada,  Allan Cabatingan,  Liza Aranding and Arneil Aranding of Lucky Saver General Merchandise (LSGM) and Christine Cabrera of Jhen-Cris Enterprises (JCE).

To recall, Cerilles and the BAC members were accused of violating the procurement law (Republic Act 9184) by resorting to shopping as an alternative mode of procuring furniture, including steel cabinets and office chairs, amounting to P8,589,510.54 in October 2009.

Graft investigators alleged the local officials are guilty of splitting the contracts into 45 different requisitions to circumvent the rule on competitive public bidding, which is strictly prohibited under RA 9184.

The procurement law forbids using shopping methods for purchases exceeding P500,000.

Section 54.1 of the law also prohibits dividing government contracts into smaller quantities to evade the law’s requirements, especially the necessity of competitive bidding and the requirements for alternative procurement methods.

The prosecution said the Cerilles and the BAC members split the transaction so that the purchase request would be less than the P500,000 threshold for shopping, adding that the concerted and conspiratorial acts of the local officials enabled the award of the contract to LSGM and JCE, which was proven by Cerilles’ signature on 43 abstracts of quotation recommending the award to the two.

Court records also showed that Cerilles approved 46 undated purchase requests in amounts less than P250,000.00 per transaction. She also purportedly certified 44 obligation requests, indicating that the transactions were valid and legal.

The Sandiganbayan, however, said the prosecution failed to substantiate the allegation of conspiracy and the respondents giving unwarranted benefits, which are the crux of graft.

“Although there was no public bidding, the Supreme Court has clarified that the absence of public bidding alone is not sufficient to conclude that the supplier was preferred,” the court said.

“It was not proven beyond reasonable doubt that the accused  public officers and members of the BAC acted in conspiracy with the suppliers who participated in the submission of the price quotations,” it added.