Aurora ex- governor, 6 others get 10 years for graft

MANILA, Philippines — The Sandiganbayan has sentenced former Aurora governor Gerardo Noveras and six other former provincial officials to imprisonment of up to 10 years for graft over the anomalous award of contracts for two road repair projects in 2014.

In a 49-page decision promulgated on Sept. 4, the anti-graft court’s Sixth Division found Noveras guilty of violating Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act – a provision that prohibits public officials from giving unwarranted benefit, advantage or preference to a private party or from causing any party, including the government, undue injury.

Convicted with Noveras were former provincial budget officer Paz Torregosa, Bids and Awards Committee chairman Ricardo Bautista, provincial administrator Simeon de Castro and BAC members Norma Clemente, Isaias Noveras Jr. and Benedicto Rojo.

They were all sentenced to six years and one month to 10 years of imprisonment and perpetually disqualified from holding public office.

Also convicted was private respondent Manding Claro Ramos of RMCR Construction.

Filed by the Office of the Ombudsman in 2018, the case stemmed from the alleged rigged bidding for two contracts awarded to RMCR between March and September 2014.

The contracts were for the repair of the Dimalang bridge approach of Casiguran-Dilasag provincial road and repair of a road section of the Casiguran-Dilasag provincial road.

The ombudsman said bid rigging was apparent as RMCR already implemented and almost completed the repair works even before the procurement process was concluded.

It added that the provincial government issued the Notices to Proceed to RMCR only on Aug. 15, 2014. But an accomplishment report dated Aug. 18, 2014 declared both projects as already 100 percent complete.

The ombudsman said RMCR ’s implementation of the projects ahead of the awarding of contracts was proof that the bidding, supposedly conducted by the provincial BAC, was a sham.

In convicting Noveras and the other respondents, the Sixth Division said that while it was not proven that the government suffered undue injury from the transaction as the project was completed and turned over on time to the provincial government, it was, however, established that unwarranted benefit was given to RMCR through the rigged bidding.

The court noted that the provincial government paid P1.093 million to RMCR for the two projects despite the irregularities in the awarding of the contracts.

“In this case, RMCR Construction clearly started both projects even before the bidding process began and before the respective Notices to Proceed were issued,” the Sixth Division said.