By CZARINA NICOLE ONG-KI
The Sandiganbayan sentenced former Mayor Alberto Bacaylan Acain of Libertad, Misamis Oriental and four other town officials to a prison term ranging from six to eight years for each of the two counts of graft charges filed against them over the irregular purchase of P4.9-million worth of fertilizers in 2004.
Also convicted by the Sandiganbayan were former Municipal Engineer Oscar Anino Benlot, Municipal Civil Registrar Isidro Namocot Gervacio, Municipal Budget Officer Elizabeth Abut Pagalan, and Municipal Assessor Sergio Agagaring Jacalan Jr.
The anti-graft court ruled that the purchase was “hastily conducted” and “was concluded even without any validation of the relevant documents submitted or background checks or post-qualification of the supplier.”
The court’s decision was written by Associate Justice Bernelito R. Fernandez and concurred in by Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Ronald B. Moreno.
The cases against then Municipal Treasurer Lucia Mugot Almene, Green’s International Enterprises (GIE) proprietor Ricardo Mendoza Jr., and representative Ma. Lourdes Mendoza, have been archived because they have not been arrested nor have turned themselves over to the court.
In June 2004, Acain and his co-accused, who are all members of the municipality’s Bids and Awards Committee (BAC), approved the procurement of 2,500 liters of Macro Micro Liquid Foliar Fertilizer worth P3.25 million from GIE even without public bidding.
They again resorted to direct contracting for the purchase of an additional 1,166 liters of liquid fertilizers worth P1,749,000.
In their defense, Acain and his group said they resorted to direct contracting because GIE was the only distributor and exclusive dealer of the Macro Micro fertilizer.
However, the anti-graft court noted in its decision that there was no Department of Trade and Industry (DTI) certification nor any valid document presented that would certify that GIE was the sole distributor.
In fact, the Sandiganbayan said that the Fertilizer and Pesticide Authority (FPA) lists submitted by the prosecution showed numerous dealers, sub-dealers, and manufacturers who sell or manufacture liquid foliar fertilizer products in the Philippines, especially within the region or near Libertad.
“Evidently, the conditions for direct contracting were not met because suitable substitutes existed,” the anti-graft court said.
In the case of Acain, the court pointed out that he should have conducted his own due diligence and verification of GIE before pushing through with the purchase, instead of just relying on the BAC recommendations.
