Ex-South Cotabato mayor, four others, face graft over P1.8M fertilizer scam

The Office of the Ombudsman has found probable cause to file a graft case against former Norala, South Cotabato mayor Romeo Januto over the alleged anomalous procurement of P1.8-million worth of fertilizers in 2005.

Januto was ordered charged before the Sandiganbayan with one count of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Also ordered charged with the same offense were former municipal accountant Grace Mediana, former municipal treasurer Carlos Bengil, former Bids and Awards Committee (BAC) chairman Dominador Escucha, Jr. and former BAC member Victor Balayon.

Section 3 (e) of RA 3019 prohibits a public official from giving unwarranted benefit, advantage or preference to any party or causing any party, including the government, undue injury.

The Ombudsman gave weight on a Commission on Audit (COA) report which found out that no public bidding was held before the awarding of the P1.8-million contract to RCS Trading (RCS) in violation of Republic Act 9184 or the Government Procurement Reform Act.

The Ombudsman said Januto, in conspiracy with the other respondents, resorted to direct contracting without any valid justification to do so.

“They (respondents) subscribed to the procurement through direct contracting and not through a competitive public bidding…By subscribing to the procurement through direct contracting, [they] gave RCS Trading unwarranted advantage or preference,” said the resolution recently signed by Ombudsman Conchita Carpio-Morales.

The Ombudsman said the contract was also “immediately” awarded to RCS without showing first that there were no suitable substitutes from other suppliers at terms that were more advantageous to the government. — VVP, GMA News