Ex-CamNorte governor gets 8 years for falsification

A former governor of Camarines Norte was sentenced to eight years imprisonment for falsifying a public document in connection with the procurement of medical supplies worth P1.6 million for the provincial hospital in 2005.

In a 30-page resolution promulgated by the Sandiganbayan First Division, Jesus Typoco Jr.  and his co-accused Noel Reyes, former officer-in-charge of the Provincial General Service Office, were found guilty of Falsification of Public Document as defined under Article 171 of the Revised Penal Code.

The two were sentenced to a minimum of two years and four months to a maximum of eight years of imprisonment and was ordered to each pay a fine of P2,000.

“After going over the evidence on record, the Court finds that all the elements that constitute the offense of Falsification of Public Document are present,” the resolution, penned by First Division senior member Associate Justice Rodolfo Ponferrada, read.

The resolution was concurred by First Division chairman Associate Justice Efren Dela Cruz and member Associate Justice Rafael Lagos.

Based on the information of the case, Typoco and his co-accused “acted in conspiracy” to falsify the date of the purchase order (PO) for the procurement of various medical supplies amounting to P1,649,735,000 intended for the use of the Camarines Norte Provincial Hospital (CNPH).

The Ombudsman’s Office of the Special Prosecutor (OSP), who filed the case before the Sandiganbayan in 2011, said the respondents altered the original date of PO from April 21, 2005 to May 20, 2005 “in order to conceal that an order has been made with Cabrera’s Drug Store and Medical Supplies prior to the bidding conducted on May 18, 2005.”

In convicting Typoco and Reyes, the First Division said the prosecution was able to prove that the respondents took advantage of their respective positions in committing the crime, as Reyes has the responsibility to prepare the PO while Typoco has the power to approve it.

The court also ruled that the alteration of the date of the document in question was done not just because of negligence but also “to speak of something false” such as to make it appear that there was a bidding held prior to the procurement.

“Undoubtedly, this alteration or change in the original date of the subject PO constitutes falsification of official document because it affected not only its veracity but it also changed the time when it was prepared and approved to make the document speak of something false, i.e. that PO was approved on 5-20-05… after public bidding,” the court said.

“When in truth and fact, the PO in question was already approved on April 21, 2005 without any public bidding. Hence, the crime of falsification of document by a public officer… has been sufficiently established to sustain a verdict of conviction,” it added.
 
The court also gave weight on the findings of the Commission on Audit (COA) in its annual audit report confirming that the dates of the PO as well as the sales invoice were altered.

The COA report also said that the date of the certificate of inspection of the medical items delivered by the supplier, Cabrera’s Drug Store and Medical Supplies, was also altered.

The court, meanwhile, acquitted the other respondents in the case, namely Provincial Buyer III Aida Pandeagua and Cabrera’s Drugstore and Medical Supplies owner Angelina Cabrera, for “insufficiency of evidence.”

The court likewise acquitted Typoco, Reyes, Pandeagua, Cabrera and provincial health officer Arnulfo Salagoste in the case of violation of section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

The court said the prosecution failed to establish that the procurement of the items has caused undue injury to the government as there was no proof presented that there was no delivery made or that the items were overpriced or that the public officials benefitted from the transaction.

Just recently, the Office of the Ombudsman has ordered the filing of another graft charges against Typoco and several other former officials of Camarines Norte in connection with their alleged involvement in the P728-million fertilizer fund scam.

The Ombudsman said that in 2004, Typoco and his co-accused purchased P5-million worth of fertilizer from an unlicensed private supplier without holding a public bidding. —KBK, GMA News