Sandiganbayan convicts ex-Batangas mayor of graft

The Sandiganbayan has convicted a former Batangas mayor of graft for showing favoring a private supplier for the computerization program of his municipality’s revenue generation system.

In a 22-page decision, the anti-graft court’s Fourth Division found former Lemery, Batangas Mayor Raul Bendaña guilty beyond reasonable doubt of violating Section 3 (e) of the Anti-Graft and Corrupt Practices Act.

He was sentenced to a minimum of six years and one month to a maximum of 10 years in jail.

The Sandiganbayan said Bendaña showed bias in favor of Amellar Solutions, the supplier of the municipality’s computerization program.

Court records showed that in September 2002, Amellar Solutions owner Manuel Tabunda sent a project proposal to Bendaña, around the same time the municipality filed a loan application with the Land Bank of the Philippines (LBP) to fund the computerization project.

The court said that although Bendaña claimed that the accounting office conducted pre-feasibility study for the computerization project, documents showed that the first page of such study was the same as the first page of Tabunda’s project proposal.

The court also said the Technical Evaluation Committee on Computerization (TECC), which Bendaña himself created and appointed his executive assistant as head, released a report on the same day it was established, recommending Amellar Solutions for the project.

“The only conclusion that can be gathered is that the report was already prepared before the establishment of the TECC,” the court said.

“[T]he fact that accused’s Executive Assistant headed the TECC further tend to show that indeed, there was an intent to ensure that Amellar Solutions will be favored in the TECC’s recommendation,” it added.

The court said when Bendaña entered into a contract with Amellar Solutions in September 10, 2004, the municipal treasurer had not yet issued a certificate of availability of funds. The certificate was only signed on September 28, 2014.

The cost of the project was estimated at P8.2 million paid out of an LBP loan.

The equipment for the computerization program was also delivered to Bendaña on October 4, 2004, even if the ordinance appropriating the cost of the computerization project was not passed by the city council until October 6, 2004 and approved five days later.

“[B]ias is evident in the accused’s act of signing the agreement with Amellar Solutions even if the Treasurer has not yet issued a certificate that the funds are available and even if there is yet no ordinance appropriating the project cost,” the decision read.

The court said the process which the project undertook -- from the pre-feasibility study, the TECC recommendation, and the signing of procurement contract -- “are all indicative of the unwarranted benefits that Amellar Solutions received directly and indirectly from the accused.”

Aside from the prison sentence, the Sandiganbayan has also perpetually disqualified Bendaña from holding public office. —ALG, GMA News