MANILA, Philippines — Former mayor Carmencita Daep of Manito, Albay and four other former municipal government officials have been convicted of graft over irregularities in the procurement of liquid fertilizer worth almost P3 million in 2004.
In a 48-page decision dated Oct. 21 and released on Tuesday, the Sandiganbayan’s Fourth Division sentenced Daep, former municipal accountant Ameife Lacbain, former municipal budget officer and bids and awards committee chairman Dioscoro Ardales, former revenue collection clerk and BAC member Arnold Calsiña and former municipal treasurer and BAC member Ernesto Millena to six to 10 years in prison.
The case stemmed from the purchase of 4,285 bottles of Hexaplus liquid fertilizer using the municipal government’s share in the controversial Ginintuang Masaganang Ani program of the Department of Agriculture.
Government prosecutors said the respondents “acted with manifest partiality, evident bad faith and gross inexcusable negligence” when they entered into a direct contracting agreement with Hexaphil Agriventures Inc. for the procurement of the liquid fertilizer.
They said Hexaphil was not registered with the Department of Trade and Industry and had no record of a business permit and registration in Laguna, where it supposedly held office at the time of the transaction.
The anti-graft court noted that without Daep’s assent, the BAC could not have proceeded with direct contracting.
”Yet, despite all the red flags in the documents… and all the while claiming that she assessed said documents, she signed off on the same,” the ruling penned by Associate Justice Bayani Jacinto read.
“Her acts signify intentionality, bad faith, manifest partiality and a concurrence of criminal intent and purpose with the accused BAC members to make it appear that the procurement of liquid fertilizers from Hexaphil was undertaken lawfully while the converse is true,” it added.
The court noted records showing that the BAC zeroed in on one brand even before the scheduled opening of bids.