Leyte Mayor, 3 Others Convicted for Graft

The Sandiganbayan convicted former Tunga, Leyte Mayor Amando Aumento, Sr., Municipal Accountant Lea Requiez, Municipal Treasurer Julita Falguera, and Bids and Awards Committee (BAC) Chairman Alejo Costelo of violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) in relation to the irregular procurement of heavy equipment in 2005.

In the Decision penned by Justice Efren Dela Cruz, the anti-graft court found that on 17 August 2005, the municipality purchased a farm tractor costing P1.1 million through direct contracting. The audit conducted by the Commission on Audit (COA) disclosed violations of Republic Act No. 9184 (Government Procurement Reform Act) since no competitive bidding was conducted and direct contracting was immediately resorted to without complying with its conditions; the BAC resorted to reference to specific brand names, with Aumento, Sr. acting as the requisitioning officer and canvasser at the same time; and advance payment was made in violation of Section 88 of Presidential Decree 1445 and Section 338 of the Local Government Code. The COA thereafter issued an audit report and notice of disallowance.

The Decision added that “the Court is of the view that right from the start, the accused did not contemplate public bidding as mode of acquisition” as “the accused decided to buy the [farm tractor] on the same day the BAC called and held a pre-bid conference.”

The local government officials were sentenced to suffer the indeterminate penalty of imprisonment of six years and one month as minimum up to 10 years as maximum, with perpetual disqualification from holding public office.

Co-accused Joshua Rey Garrido, supplier of the heavy equipment, was acquitted for lack of evidence. On the other hand, Aumento, Sr., Requiez and Falguera were acquitted of the charge of Malversation through Falsification.

Source: www.ombudsman.gov.ph

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