FORMER Zamboanga del Sur governor Aurora Cerilles and her nine co-accused have been acquitted by the Sandiganbayan of a graft case in connection with alleged anomalous procurement in 2009 of furniture and fixtures without public bidding.
The Sandiganbayan Second Division held that while the prosecution was able to prove that the public officials resorted to contract-splitting to get around the requirement of public bidding, it was unable to present proof that the government suffered undue injury because there was an actual delivery of the items purchased.
Cleared of all criminal liability together with Cerilles were provincial administrator and Bids and Awards Committee chairperson Pepito Degamo, provincial legal officer Mark Anthony Padayhag, executive assistant Tyrone Singgo, provincial agriculturist Marilyn Bersales, supply officer Wenefreda Cañada, executive assistant Allan Cabatingan, and private defendants Liza Aranding, Arneil Aranding, and Cristie Cabrera.
Associate Justice Geraldine Faith A. Econg penned the 68-page decision with Associate Justices Edgardo M. Caldona and Arthur O. Malabaguio concurring.
The Office of the Ombudsman filed the case in 2021, alleging conspiracy among the provincial government officials and the private defendants to give undue advantage to supplier Lucky Saver General Merchandise that won the delivery contract.
During trial, prosecutors presented 45 identical BAC resolutions signed by Degamo, Singgo, Padayhag, Bersales, Cañada, and Cerilles all recommending the alternative method of procurement or shopping rather than going through a competitive public bidding.
There were also 45 purchase requests, purchase orders, disbursement vouchers, and official receipts although come payment time, only six checks were issued to the supplier.
“Clearly, there was splitting of contracts or requisitions which is expressly prohibited by the law. The accused split the amounts in the documents to make them fall under the limited amount to avail of the alternative mode of procurement through shopping and thus avoid public bidding,” the Sandiganbayan said.
None of the 45 purchases reached the threshold amount of P500,000 even if the items purchased were identical including aluminum frames, steel cabinets, glass or laminated partitions, and office chairs.
“The accused members of the BAC are expected to know fully well that the splitting of contracts is prohibited. However, they allowed the splitting of transactions into 45 different requisitions involving identical or repetitive items obviously to evade and circumvent the requirement of competitive public bidding,” the court said.
However, the prosecution fell short in proving the fourth key element of the graft charge which is the existence of undue injury inflicted on the government.
The Sandiganbayan pointed out that government auditors issued “notices of settlement” which support the argument of the accused that there was no injury or loss to speak of.
In the same manner, the court held that unwarranted benefit or advantage of Lucky Savers was not proven because there were five suppliers who submitted quotations and Lucky Savers offered the lowest price.
“It cannot also be concluded that the absence of competitive public bidding has deprived the province of Zamboanga del Sur of the best possible price of the items to be procured,” it added.
