Alfonso Castañeda, Nueva Vizcaya Mayor Jerry Pasigian has been convicted by the Sandiganbayan Fifth Division of graft and malversation due to the anomalous purchase of a vehicle in 2009.
Pasigian was convicted for violating Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and Article 217 of the Revised Penal Code, otherwise known as Malversation of Public Funds or Property.
He was sentenced to six years and one month minimum and 15 years maximum for graft as well as four years and five months of prison correcional as minimum and seven years and four months of prison mayor as maximum for malversation.
Pasigian was also ordered to pay a fine of P453,214.19, which is the depreciated value of the vehicle he purchased.
On April 2009, Pasigian gave unwarranted benefits to Gilbert Arellano when he awarded him the contract for the purchase of one unit 2003 Nissan Patrol with license plates PCJ-777 for P1.35 million
The purchase was done without public bidding and Pasigian even registered the vehicle under his own name instead of the municipality. After his term ended on June 30, 2013, he failed to return the vehicle to the local government.
In its 18-page ruling, the court noted the “apparent violation” of RA 9184 or the Procurement Law, especially since it was purchased without public bidding. Pasigian even specified the brand name, license plate, engine number, and chassis number in the purchase order, which violated Section 18 of the law.
While direct contracting is sometimes allowed as an alternative mode of procurement, certain conditions have to be met first. These conditions include the proprietor owning copyrights or patents and exclusive distributorship of a certain item, among other things.
But in Pasigian’s case, “the record is bereft of any showing that the purchase of the subject vehicle fell under any of the foregoing conditions,” the court said. (Czarina Nicole O. Ong)
