Sandiganbayan absolves two ex-DA chiefs of graft in irrigation deal

Two former secretaries of the Department of Agriculture (DA) have been acquitted by the Sandiganbayan of graft charges stemming from alleged anomalous procurement of crop irrigation equipment in 2010 under two different administrations. 

Ex-DA secretaries Bernie Fondevilla and Proceso Alcala walked free of the charges after the prosecution failed to prove their guilt beyond a reasonable doubt. 

The decision handed down on Thursday, 22 May, also absolved former Bureau of Soils and Water Management chief Silvino Tejada, Procurement Unit head Sonia Salguero, Bids and Awards Committee (BAC) members Rodelio Carating, Diosdado Manalus, and Ernesto Brampio; BSWM officers Ester Santos, Arnulfo Gesite, Wilfredo Sanidad, and Rafael Monte, as well as private defendants Elmer Baquiran and Eduardo Villamor.

All of the accused were indicted with one count of graft except Tejads, Santos, Sanidad, Monte, Caratig, Baqruiran, and Villamor, who were slapped with two counts prior to their acquittal.

They were accused of giving unwarranted benefits and advantages to Agri Component Corp. (Agricom) for the purchase of shallow tube wells (STW) or pumps and engines in two batches during the onset of a long-drawn dry spell in 2010.

Court records showed that the first batch of pump engines, totalling P116.92 million, was procured in April under Fondevilla’s watch, while the second, amounting to P29.2 million, was purchased in September under Alcala’s.

Fondevilla briefly served as the DA chief under the Arroyo administration. He was appointed in March 2010 and was succeeded by Alcala later in June when the Aquinino administration took over.

Graft investigators said the government officials railroaded the procurement process and handpicked Agricom as their alleged anointed supplier by awarding it the first contract via negotiated procurement, despite that there was another interested bidder at the time. The prosecution also flagged the second transaction, contending that it was pushed through without another competitive public bidding.

The Sandiganbayan, however, argued that the evidence proves otherwise. It took note of the defense’s argument that there was immediate and compelling justification for dispensing with the public bidding, citing the dire effects of the drought on crop production. 

The anti-graft court gave weight to Fondevilla’s assertions that the effect of El Nino was clearly proven, and hence, there was a valid justification to urgently procure the equipment. It also considered Carating’s justifications that it was a mere “judgment call,” as extraordinary circumstances demand out-of-the-box thinking. 

“The court finds that the accused complied with the requisites of a negotiated procurement…Accused officials of the DA and BSWM proved that the existence of the circumstances[…]are present to justify the negotiated procurement of STW,” the 137-page ruling reads.

Besides, the court pointed out that Agricom was in good standing and that the transaction was a square deal. It also noted that there was neither an allegation of overpricing nor poor quality of the said equipment.

“The government got value for money. Hence, neither Agricom nor its incorporators, Baquiran and Villamor, reaped any unwarranted benefits,” it added. “Here, no clear nexus exists to prove a unity of action and purpose among the accused public officers and indicted private persons to perpetrate syndicate corruption.”

The court continued, “All things considered, the prosecution fell short of discharging its onus probandi. Suffice it to say that the conviction of the accused must rest, not on the weakness of the defense, but on the strength of the prosecution’s evidence.”

"After a judicious assessment of the testimonial and documentary evidence on record, the court finds, and so holds, that all the accused were not guilty," the Sandiganbayan concluded.

Alcala faced multiple graft charges before the Sandiganbayan, each pertaining to different cases. At present, he has been absolved of four graft charges. Fondevilla was also acquitted by the Sadniganbayan in a previous case related to Code of Conduct and Ethical Standards.