Ex-Pasay mayor Peewee Trinidad gets 10 years for graft

The Sandiganbayan on Thursday sentenced former Pasay mayor Wenceslao “Peewee” Trinidad to a maximum of 10 years imprisonment in connection with the anomalous construction of a shopping center in 2004. 

 

In a 30-page ruling, the First Division found Trinidad, as well as former city councilor Jose Antonio Roxas, “guilty beyond reasonable doubt” for violations of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and Article 237 of the Revised Penal Code (RPC).

 

The cased stemmed from the alleged anomalous awarding of a P489.950-million contract to private firm Izumo Contractors Inc. on February 4, 2004 for the construction of the Pasay City Mall and Public Market on Antonio S. Arnaiz Avenue.

 

Trinidad and Roxas were sentenced to a minimum of six years to a maximum of 10 years of imprisonment for the graft case and a minimum of four months to a maximum of one year of imprisonment for the violation of the RPC.

 

They were also meted with the accessory penalty of perpetual disqualification from holding public office.

 

The court, however, only imposed upon them a fine of P200 each instead of the total cost of the contract, pointing out that the prosecution failed to establish that the project was disadvantageous to the government.

 

“For failure of the prosecution to present evidence to establish damage or injury and or the amount thereof suffered by the government as a result of the said procurement of the Project, which is already fully operational, no civil liability is assessed against the herein accused in both cases,” the court’s ruling read.

 

The court did not specify in its ruling where the accused should be detained.

 

Meanwhile, the court ordered the case against two other co-accused—private individuals Joselito Manabat and Alexander Ramos—be “archived” as they remain at-large. The court said the case will be revived upon their arrest or surrender.

 

Section 3 (e) of R.A. No. 3019 prohibits a public official, in the discharge of his official functions, from inflicting any undue injury or giving unwarranted benefits, advantage or preference to any person or entity.

 

Meanwhile, Article 237 of the RPC refers to the unwarranted prolonging of the performance of duties and power by a public official.

 

Based on the information of the case, Trinidad and Roxas—chairman and member, respectively, of the Pre-Qualification Bids and Awards Committee (PBAC), in 2004— conspired with “manifest partiality and evident bad faith” in awarding the contract to Izumo.

 

The prosecution said the accused awarded the contract despite their “full knowledge that the said PBAC already ceased to exist having been superseded by the creation and constitution of a new BAC (Bids and Awards Committee) on December 29, 2003 under Republic Act 9184 (Government Procurement Reform Act) in which the accused are no longer Chairman and Member thereof”.

 

“The records show that conspiracy existed by and between accused… considering that the procurement of the Project under the circumstances, discussed above, could not have been made possible without each other’s participation and cooperation, as evidenced by their concurrence and approval of the subject bidding and notwithstanding the fact that they were no longer authorized to do so under RA 9184 and it IRR (implementing rules and regulations),” the court said. —KBK, GMA News