Sandigan junks Bucloc, Abra mayor's plea to reverse graft conviction

The Sandiganbayan has denied the plea of Bucloc, Abra Mayor Gody Cardenas, to reverse its ruling convicting him of graft for unlawfully appointing a private consultant without a competitive public bid in 2011.

In a 20-page resolution, the anti-graft court said Cardenas did not raise new arguments that would warrant the reversion of its decision promulgated on 6 September.

“The court finds the present motion for reconsideration unmeritorious. Thus, it should be denied considering that there are no new and/or substantial arguments raised,” the court said. 

To recall, Cardenas was found guilty of one count of graft and was sentenced to 10 years of prison for giving unwarranted benefits and advantages to Emma Leah Joy Andaya, consultant of the Cordillera Highland Agricultural Resource Management Project (CHARMP).

Records showed that Cardenas handpicked Andaya without undergoing a complete and thorough evaluation of her supposed qualification required under Republic Act 9184, or the Government Procurement Reform Act (GPRA).

The law mandates that consultants should be hired on the basis of their proven expertise, experience, and capability.

Cardenas, however, contended that he was not aware of the law. Furthermore, he asserted that he did not appoint Andaya but was recommended by elders of a tribe in their locality, which he endorsed to the members of Sangguninang Bayan, who deliberated on the matter.

The Sanidganbayan, however, said it was “unbelievable” given that the law was already eight months in effect prior to the questioned hiring. 

Nevertheless, the court maintained that Cardenas “willfully disregarded the requirements” of the law, which necessitated his conviction.

"To restate the obvious, accused-movant Cardenas, as the local chief executive of the Municipality of Bucloc, Abra, had the paramount responsibility to know and enforce laws,” the court said.