Ex-Zambo mayor, vice mayor get 12-year sentence

The two were convicted for buying a P960,000 sports utility vehicle (SUV) for the municipality from Eduardo Ayunting who bought the vehicle from Balais for only P500,000. #WilfredoBalais #Sandiganbayan

The Sandiganbayan has sentenced former Zamboanga del Norte Mayor Wilfredo Balais and former Vice Mayor Virgilio Go to a maximum 12 years imprisonment over an alleged anomalous purchase of a vehicle in 2011.

The Court also meted Balais and Go the penalty of perpetual disqualification from holding public office after they were found guilty of violating Section 3 (e) of Republic Act 3019 or the Anti-graft and Corrupt Practices Act.

The two were convicted for buying a P960,000 sports utility vehicle (SUV) for the municipality from Eduardo Ayunting who bought the vehicle from Balais for only P500,000. Ayunting was also charged but turned state witness.

In his affidavit, Ayunting disclosed that he and Balais executed a deed of sale of the vehicle with him as buyer after they agreed that the title will be transferred to his name but actual ownership will remain with Balais.

He said no money was involved in the said “accommodation transaction” and that he did not accept any renumeration or commission.

In response to the accusations against him, Balais said that the execution of deed of sale was not a preparatory act to indirectly sell the vehicle to the town of Labason.

Balais also argued that there is no proof that he used Ayunting in furtherance of his malicious intentions.

The former mayor said he rescinded the purchase of the vehicle after he reviewed the transaction because he found several defects and by the time the case was filed, the procurement was already rescinded through a resolution dated 1 August 2011.

Go, in his affidavit said his participation was limited to the execution of a purchase request for a vehicle.

He also said that a competitive public bidding was conducted for the said purchase.

But the Court disputed this and said that although public bidding was “purportedly” conducted, the same was “riddled with irregularities.”

“The Court finds that the prosecution proved beyond reasonable doubt that there was no public bidding for the procurement of the said vehicle.”

“From these glaring irregularities, it is evident that the so called bidding is nothing but a sham.”

It said that Balais and Go’s acts, caused the purchase by the municipality of Labason of the vehicle.

“Such acts squarely fall within definition of evident bad faith, which connotes not only bad judgement but also palpably and patently fraudulent and dishonest purpose to do moral obliquity or conscious wrongdoing for some perverse motive or ill will.”

It also said that the recission of the contract only had the effect of restoring to Labason the funds paid for the subject vehicle.

“The return of the funds to the LGU of Labason will not negate the damage caused thereto, and the unwarranted benefit given to Oro Cars and Ayunting,” said the anti-graft court.

Associate Justices Karl Miranda and Kevin Vivero concurred with the decision penned by Associate Justice Sarah Jane Fernandez.