Ronda mayor to face trial for graft

Ronda town Mayor Mariano Blanco III will have to face trial before the Sandiganbayan after the anti-graft court denied his motion to quash information and judicial determination of probable cause of the graft and corruption charges against him for lack of merit.

Associate Justice Sarah Jane Fernandez of the Sandiganbayan Sixth Division ruled that the informations or the charge sheets against Blanco for violation of Republic Act 3019 or Anti-graft and Corrupt Practices Act are sufficient.

"The court finds that the informations sufficiently alleged all the elements of violation of Section 3(e) of RA No. 3019. The rest of accused Blanco's arguments are matters of defense which are better threshed out during the trial on the merits," reads the resolution.

Section 6 of Rule 110 of the Rules of Court states an information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed, which the anti-graft court ruled were present in the case.

The Sandiganbayan also said that the judicial determination of probable cause sought by Blanco is prohibited under the Revised Guidelines for Continuous Trial of Criminal Cases. Even if it was allowed, the anti-graft court ruled that it has already determined the existence of probable cause when it issued the warrant of arrest against the accused.

Blanco, in his motion, claimed that the informations filed against him were defective because it failed to alleged the elements of the crime "of acting through manifest partiality, evident bad faith, or gross inexcusable negligence, and causing any undue injury to any party, including the government, or giving any unwarranted benefits, advantage or preference."

"There could have been no undue injury caused or unwarranted benefits, advantage or preference given because there is no law expressly penalizing the facts charged in the information, i.e. the failure to post the invitation to bid notice in the PhilGEPS (Philippine Government Electronic Procurement System)," he argued.

Blanco added that the invitations to apply for eligibility and to bid were posted at the bulletin board of the municipality. The town is also sending notices to the Commission on Audit every time bidding is to be conducted.

"The alleged unwarranted benefits are only mere speculation. There is no proof that the winning bidder unduly benefited from the alleged acts of the accused," Blanco added.

Blanco and the members of the Bids and Awards Committee (BAC) were charged by the Ombudsman for their alleged failure in complying with the bidding rules.

According to the antigraft body, the public bidding for the supply of materials for the construction of school building at Madanglog Elementary School in Vive, Ronda, Cebu failed to comply with the Implementing Rules and Regulations of Republic Act 9184 or the Government Procurement Reform Act.

Mylen P. Manto/FPL