The supreme court has affirmed the conviction of orville fua:avier, the SC's Second Division upheld the Sandiganbayan's ruling that found former Lazi officials Fua, Rose Marie Tomogsoc, Natalio Bongcawel Jumawan Jr., and Sue Agnes Castillon, along with private individual Merlyn Estallo Lu, guilty of violating Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act.
According to Philippines News Agency, the case dates back to 2004 when Fua signed a purchase request for the procurement of fertilizers or farm inputs for the town's Fertilizer Program. The Department of Agriculture and Lazi then entered into a memorandum of agreement to transfer PHP8 million to implement the project. Despite three bidders, the contract was awarded to Mangopina Trading, Inc., represented by Lu. The Office of the Ombudsman, however, found no records showing that the municipality invited other bidders or suppliers from nearby areas or that the project was published or advertised in a newspaper of general circulation.
The Commission on Audit identified several procurement deficiencies, including the absence of a Special Allotment Release Order supporting the municipality's Fertilizer Program and proof that a pre-bid conference was conducted. The Sandiganbayan convicted Fua and others based on these findings.
In affirming the conviction, the SC held that the elements under Section 3(e) of RA 3019 were present, noting that the public officers unjustly favored Mangopina, giving unfair advantages or benefits to another person. The SC found that Fua and Tomogsoc approved the purchase request and certified that funds were available even before the municipality entered into an agreement with the Department of Agriculture.
According to the SC, these actions had no basis at the time, as the agreement was signed later and the funds were released only months afterward. The Court also ruled that Mangopina and other bidders did not submit the required documents to determine their qualifications, in violation of RA 9184, or the Government Procurement Reform Act, and other procurement requirements were not followed.
The SC noted that the Bids and Awards Committee evaluation, recommendation, approval of the transaction, and issuance of the purchase order all occurred on the same day. The high tribunal also found that Mangopina was not qualified to supply the fertilizers because it had not paid the fees to renew its mayor's permit and its manufacturer-distributor license had expired.
As a result, Fua and others were sentenced to up to 10 years in prison and were perpetually disqualified from holding public office.
