CA orders Bicol mayor to pay drug supplier

MANILA, Philippines –  A town mayor in Camarines Sur and his campaign manager have been ordered by the Court of Appeals (CA) to jointly pay a businesswoman, who owns a pharmaceutical company, more than P62,000 for medicine and medical supplies used in humanitarian missions during the official’s campaign sorties in 2001.

The appellate court upheld the decision of the Naga regional trial court (RTC) in the case against Mayor Delfin Pilapil Jr. of Lagonoy town and his campaign manager, David Virtuz.

The CA’s Special 14th Division ordered Pilapil and Virtuz to pay the sum to businesswoman Purita Fortuna, who owns Jeanne’s Pharmaceutical and Medical Supplies.

In an 11-page decision penned by Associate Justice Fernanda Lampas Peralta, the CA said it found no cogent reason to disturb the factual basis of the Naga RTC’s ruling.

Court records show that on March 11, 2001, April 5, 2001, April 18, 2001 and April 20, 2001, Virtuz obtained various medicine and medical supplies from Fortuna’s firm for medical missions when Pilapil campaigned for mayor of Lagonoy town.

The delivery receipt was issued under Pilapil’s name in the amount of P62,429.99. Demand letters for the unpaid balance were sent to Pilapil’s office, and the mayor promised to pay the amount but failed. This prompted Fortuna to initially file the case before the Naga municipal trial court (MTC).

In his defense, Pilapil alleged that he never had had any transaction with Fortuna’s company and had never received medicine or goods from anybody, including Virtuz.

Pilapil said the case was filed for the purpose of harassment so his bid for re-election would be jeopardized, adding that his record as a public official was unblemished.

The MTC dismissed the civil case against Pilapil without prejudice to Fortuna’s right to sue Virtuz.

Fortuna appealed the case to the Naga RTC, which reversed the MTC decision and ordered the mayor and his campaign manager to pay the complainant P62,429.99.

Aside from this, the RTC also directed the two to pay the legal interest from April 2001 until the amount is fully paid, and the cost of the suit.

Pilapil appealed the RTC decision before the CA, which ruled though that Fortuna’s evidence “remained uncontroverted” because Pilapil “did not present any evidence.”