MANILA, Philippines — Former Naga, Zamboanga Sibugay mayor Gemma Adana has been sentenced to up to eight years in prison over the municipal government’s anomalous procurement of heavy equipment worth P8.8 million in 2007.
In a 42-page decision promulgated on July 31, the Sandiganbayan’s Sixth Division said Adana was found guilty of violating Section 3 (e) of the Anti-Graft and Corrupt Practices Act.
Former municipal bids and awards committee chairman Roland Grijalvo and BAC members Felix Timsan, Emmanuel Enteria and Jonathan Cartagena were meted the same prison term. They were also perpetually disqualified from holding public office.
The case against Jose Ely Solivar, general manager of CVCK Trading who remains at large, was archived.
The Office of the Ombudsman said CVCK Trading was awarded the contract for the supply of a road grader, a payloader, a road roller and two dump trucks.
Graft probers said the invitation to bid did not contain the requisite approved budget for the contract while the notice of award was issued even before the BAC passed a resolution declaring CVCK as the winning bidder.
The court said violations in the procurement process “thwart the foundation of a fair, transparent and competitive public bidding since prospective bidders, except those with inside information... run the risk of being disqualified.”
The budget for the procurement was announced only during the opening of the bidding, it added.
“Blind reliance on the BAC, wanting of even the slightest care or minimum diligence, smacks of gross inexcusable negligence. The defense of good faith is likewise unavailing because accused Adana relied on documents which showed palpable defects,” the court said.