The Supreme Court has affirmed the graft conviction of former Lazi, Siquijor, Mayor Orville Fua and four others over fertilizer purchases worth more than P4.9 million.

In a decision dated 22 January 2026 and written by Associate Justice Amy Lazaro-Javier, the Supreme Court’s Second Division upheld the Sandiganbayan ruling that found Fua and former municipal officials Rose Marie Tomogsoc, Natalio Bongcawel Jumawan Jr. and Sue Agnes Castillon guilty of violating Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.

The high court also affirmed the conviction of private individual Merlyn Estallo Lu, who represented Mangopina Trading Inc.

In 2004, Fua signed a purchase request for fertilizers and other farm inputs under the municipality’s fertilizer program.

The Department of Agriculture and the Lazi municipal government later entered into a memorandum of agreement covering the transfer of P8 million to implement the program.

The procurement contract was awarded to Mangopina, one of three bidders.

The Office of the Ombudsman investigated the transaction and found that Fua and the other defendants had caused gross disadvantage to the government.

Investigators found no records showing that the municipality invited other bidders or suppliers from nearby areas or advertised the project in a newspaper of general circulation.

The Commission on Audit also identified procurement deficiencies, including the absence of a special allotment release order supporting the fertilizer program and proof that a prebid conference had been conducted.

The Supreme Court found that the public officials had unjustly favored Mangopina.

Fua and Tomogsoc approved the purchase request and certified that funds were available before the municipality entered into its agreement with the Agriculture department. The agreement was signed later, while the funds were released only after several months.

The procurement also failed to comply with Republic Act 9184, or the Government Procurement Reform Act. Mangopina and the other bidders did not submit the documents required to establish their qualifications.

The court also found evident partiality in the use of specific brand names registered to Mangopina, which was their sole manufacturer and distributor.

Other requirements were not followed, including a pre-procurement conference, proper advertisement or invitation to bid, post-qualification proceedings, issuance of a notice of award and submission of performance security.

The Bids and Awards Committee evaluated the offers of Mangopina and two other bidders and recommended awarding the contract to Mangopina on the same day, the court noted.

Fua immediately approved the transaction, resulting in the issuance of a purchase order requiring Mangopina to deliver the fertilizers that day.

The Supreme Court also found that Mangopina was not qualified to supply the fertilizers because it had not paid the fees to renew its mayor’s permit and its manufacturer-distributor license had expired.

Fua and the other defendants were sentenced to 10 years in prison and perpetually disqualified from holding public office.