By CZARINA NICOLE ONG-KI***
The Sandiganbayan Third Division has affirmed its decision convicting former Viga Vice Mayor Yolando Bernal Tuquero of Catanduanes and several others of graft involving the purchase of a backhoe in 2005 without complying with procurement laws.
Tuquero was found guilty beyond reasonable doubt of violating Section 3(e) of Republic Act 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, alongside Sangguniang Bayan (SB) members Lourdes Alberto del Rosario, Rosario T. Mollasgo, Domingo Creer Villanueva, William Tuno Tuplano, Horacio Timola Aquino Jr., and Gomercindo Tebelin Litong.
They filed a motion for reconsideration last Oct. 9 and argued that the facts alleged in the Information constituting the crime of graft was not proven in court.
They said that their co-accused, Mayor Jose dela Cruz Torres, was ousted on May 8, 2006. Hence, they argued, all transactions made by Torres after his ouster was done in his personal capacity, negating their alleged act of conspiracy with Torres.
The accused further argued that the backhoe was not even purchased, so they cannot be indicted for an offense that was never consummated. It cannot likewise be said that the municipality sustained damages because there was no purchase made.
However, the anti-graft court denied their motion, saying their conviction was not based on the actual purchase and delivery of the backhoe.
It was anchored on their actions, which showed manifest partiality and gross inexcusable negligence when they purchased a JCB 4CS 4x4x4 backhoe loader from Compressed Air Machineries Equipment Corp. for P13,950,000 even without the conduct of public bidding. They also declared that CAMEC is the sole distributor of the equipment.
“Accused-movants demonstrated their gross inexcusable negligence when they simply adopted a resolution giving the municipal mayor the authority to apply for, negotiate, and take out a loan to procure the backhoe loader without requesting for supporting documents justifying why public bidding was skirted and an alternative method of procurement was being utilized,” the Sandiganbayan said in a resolution.
The nine-page resolution was written by Associate Justice Ronald Moreno and concurred in by Presiding Justice Amparo Cabotaje-Tang and Associate Justice Bernelito Fernandez.
