FERTILIZER CASE VS. 5 OFFICIALS TO PROCEED

The probe was an offshoot of the audit report COA issued in 2013, which discovered the allegedly overpriced purchase of 166 bottled fertilizers amounting to P237,229

The Sandiganbayan has affirmed the indictment of five Consolacion town hall officials over the allegedly overpriced purchase of bottled fertilizers amounting to P249,000 in 2006.

The anti-graft court’s Fifth Division denied for want of evidence the motion for reconsideration filed by the respondents, who sought to reverse the Sandiganbayan’s resolution junking their motion to dismiss.

“We are not convinced that accused... were prejudiced by the long delay in the investigation since they were not subject of any formal complaint during the conduct of the fact finding investigation,” the ruling read.

The respondents are municipal treasurer Rosalina Maglasang, municipal agriculturist Evangeline Puao, municipal engineer Carlito Maglasang, municipal social welfare officer Florisa Bagasbas, and municipal assessor Marilou Herrera.

The respondents allegedly conspired to pay the supplier of fertilizers at P1,500 per bottle, instead of just P180 per bottle, or an overpricing of 733 percent. The transaction caused the government a loss of P219,000.

The investigation was an offshoot of the audit report issued by the Commission on Audit in 2013, which discovered the allegedly overpriced purchase of 166 bottled fertilizers amounting to P237,229.

The state audit found out that the procurement of bottled fertilizers was overpriced by 733 percent. The purchase price was supposedly P180 per bottle, but the respondents bloated the price to P1,500 per bottle. Thus, the town government paid MM Castillo General Merchandise, the supplier of the bottled fertilizer, an excess of P219,120 in public funds.

Apart from the respondents, also charged with graft case were former Consolacion mayor Avelino Gungob Sr. and Siegfred Cataluna, bids and awards committee member. Carlito Maglasang, Bagasbas and Herrera were BAC members.

Replying to the charges, the respondents said they have in their favor the presumption of regularity in the discharge of their functions.

Should the supplier be proved to have benefited from the transaction, then it should be ordered to return the amount paid.

The respondents denied enriching themselves from the transactions. In the resolution, the anti-graft office ruled the town hall officials did not offer any explanation for how the high-priced bottled fertilizers came about.

On the other hand, the Ombudsman dismissed the complaint against Gungob and Cataluna.

In their pleading, the respondents argued that it took about 10 years to resolve the complaint– from the filing of a complaint in June 2006 until the ombudsman resolved it in October 2016.

The respondents said that their suspension caused them “serious anxiety and unrest” especially that they are now on their retirement years.

In the resolution, the Sandiganbayan struck down the respondents’ pleading for lack of merit. /