‘ARREST EX-MAYOR’
SANDIGANBAYAN FINDS 8 GUILTY OF GRAFT
Conviction of Aloguinsan officials resulted from the P1M purchase of construction materials without a bidding. Lawyer of former mayor Cynthia Moreno says they’ll “exhaust all available remedies to attain justice”
The Sandiganbayan has ordered the arrest of former Aloguinsan Mayor Cynthia Moreno, five town officials and two others following their conviction of graft for the purchase of construction materials worth over P1 million without a public bidding in 2007.
The anti-graft court's First Division issued the warrant for the arrest of Moreno and the seven other convicts after the Sandiganbayan denied for lack of merit the respondents' petitions for relief from judgment.
"You are hereby commanded to arrest (the respondents) who were convicted by final judgment of the crime of violation of Sec. 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act) before us as soon as possible to be dealt with as the law and the Rules of Court," read the arrest warrant dated Oct.27, 2016.
The National Bureau of Investigation 7, the provincial police director and the Aloguinsan town police chief were directed to enforce the arrest warrant.
“To re-open the case would be tantamount to a review of the evaluation and the final verdict of the Supreme Court upholding the conviction of the accused,” read the Sandiganbayan's resolution dated Jan. 9, 2017.
Associate Justice Efren de la Cruz, the anti-graft court's First Division chairperson, penned the resolution with the concurrence of Associate Justices Michael Frederick Musngi and Reynaldo Cruz.
Lawyer Inocencio dela Cerna, Moreno's spokesperson, said the convicts still have “multiple judicial actions and will exhaust all available remedies to attain justice.”
In September 2014, the anti-graft court found Moreno and her fellow respondents “guilty beyond reasonable doubt” of violating Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.
In the 28-page decision dated June 5, Justice de la Cruz ruled the prosecution has sufficiently established that all the accused committed the offense charged.
Also convicted of graft were Municipal Budget Officer Nonela Villegas, Municipal Agricultural Officer Marilyn Flordeliza, Municipal Assessor John Lim, Municipal Engineer Orven Nengasca, Municipal Civil Registrar Pepito Manguilimotan and utility workers Gertrudes Ababon and Emilia Luz Celis.
They were sentenced to spend from six years and one month to 10 years in jail and barred from working again in government.
The case stemmed from the complaint filed by former councilor Felimon Georsua Jr. against the con- victs before the anti-graft office.
Georsua accused them of violating RA 3019 and RA 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
He said the accused procured aluminum composite panels from Diamond Interior Industries Corp. worth P1,190,037.50 without a public bidding, which is required under RA 9184, or the Government Procurement Reform Act.
Georsua said that the Municipality paid Diamond Interior only P1,118,635.30, in view of the five percent value-added tax (P59,501.86) and one percent expanded value-added tax (P11,900) deducted from the total purchase price.
Georsua said the respondents attempted to conceal the irregularity by falsifying the certificate of canvass of other bidders to make it appear there was proper competition.
Graft Investigator Edsel Ensomo found probable cause to charge them with violation of the Anti-Graft and Corrupt Practices Act.
While the anti-graft office found no probable cause to indict the respondents for violating RA 6713, it said the respondents may be held liable for violating Section 3 (e) of RA 3019.
Ensomo said the town resorted to direct contracting after Diamond Interior showed a certification that it was the exclusive distributor of the aluminum composite panel.
He said that what the BAC chairman and members did was a “mock bidding.”