Ex-Lanao del Sur mayor found guilty of graft over P20 million purchase

The Sandiganbayan has sentenced a former mayor of Binidayan, Lanao del Sur to six to 10 years imprisonment after finding him guilty of graft over the alleged purchase of two heavy equipment worth P20 million that failed to undergo public bidding.

The Seventh Division meted the conviction against former Mayor Aman Misbac Datumulok, with the accessory penalty of perpetual disqualification from holding public office.

Datumulok's brother, Abdullah, filed the complaint against him which the Sandiganbayan said puts the motive of the case in question. The court, nonetheless, said the evidence clearly found him guilty beyond reasonable doubt.

"Such blatant disregard of the laws on procurement, no matter the reason behind its reaching this court, carries consequences, which accused Datumulok must now face," the October 5 decision read.

In 2008, Datumulok allegedly purchased one Volvo dump truck worth P11 million and one Volvo wheel loader worth P9 million from E.B. Ople Trading through direct contracting.

The prosecution said the contract failed to ensure that the municipality had the lowest calculated responsive price for the same quality or brand of equipment.

Datumulok argued the contract had to be through direct purchase since E.B. Ople Trading was the exclusive distributor of Volvo heavy equipment in the province.

He also distanced himself from the transaction, saying he had the authority of the municipal council to enter a loan agreement with Philippine National Bank for the purchase due to lack of funds.

The Sandiganbayan said the mere reference to a brand already constitutes a violation of procurement rules because this prevented other suppliers from offering a deal more advantageous to the government.

"E.B. Ople Trading was the only option from the very beginning, just because it was the exclusive distributor of the Volvo heavy equipment that the municipality wanted, and not because compared to other suppliers' offers, it had the most beneficial one," the Sandiganbayan said.

The anti-graft court added the lack of available funds was not an excuse for Datumulok to dispense with a public bidding. It said Datumulok committed "gross inexcusable negligence" on his failure to protect public funds used for an invalid transaction.

The Sandiganbayan said Datumulok had the power to desist the loan agreement and defer the planned purchase to the Bids and Awards Committee if he knew the law prohibits stating preferred brands in procurement plans.

"This Court finds that accused Datumulok acted with gross inexcusable negligence in proceeding with the procurement of the Volvo dump truck and Volvo wheel loader directly from E.B. Ople Trading in disregard of the strict rules on government procurement," the Sandiganbayan said.

"It may be true that accused Datumulok could not have acted without the authority given by the Sangguniang Bayan, but what is crucial is that the subject procurement could not have proceeded without him," it added.

Division chairperson Associate Justice Ma. Theresa Dolores Gomez-Estoesta penned the decision, the with concurrence of Associate Justices Zaldy Trespeses and Bayani Jacinto. — LDF, GMA News