Ex-Surigao del Norte governor, 8 others face graft raps for overpriced fertilizers

The Office of the Ombudsman has formally filed charges against former Surigao Del Norte Governor Robert Lyndon Barbers over the alleged anomalous purchase of overpriced fertilizers in 2004.

Barbers was charged before the Sandiganbayan with two counts each of malversation and violation of Section 3(e) of RA 3019 or the Anti-Graft and Corrupt Practices Act.

Also facing the same charges were Bids and Awards Committee chairman Vicente Ravelo, vice chairman Bob Edera, and members Virginia Yuipco, Teresita Durero, Dr. Audie Relliquette, Adolfo Pantilo, and Rosa Mia Trading general manager Rose Marie Palacio.

According to the case information, the respondents in May 2004 entered into a direct contact with Rosa Mia Trading to supply the province with 2,166 kilos of foliar fertilizer worth P1,500 per kilo.

This, however, was conducted without public bidding, the case information said.

The prosecutors also claimed that the respondents certified that there was no suitable substitute to the foliar fertilizer brand “in order to unlawfully resort to direct contracting and tailor-fit favored supplier.”

Respondents paid the supplier P3.25 million for the foliar fertilizer which was overpriced by at least P1,330 per kilo, the prosecutors claimed, causing undue injury to the government in the amount of P2.88 million.

The same instance occurred again in December 2004, the prosecutors said, when the respondents purchased another 1,166 kilos of foliar fertilizer from the same supplier without public bidding.

Rosa Mia Trading was paid P1.75 million for the purchase of the foliar fertilizers overpriced by P1,330 per kilo, causing undue injury to the government in the amount of P1.55 million, the prosecutors said.

In the graft charge sheet, the prosecutors said the respondents violated Section 3(e) of RA 3019 by giving “unwarranted benefits, advantage and preference” to Rosa Mia Trading.

Moreover, they also said the respondents also committed the crime of malversation when it approved the purchase of the fertilizers “with great carelessness and unjustifiable negligence,” allowing Rosa Mia Trading to “misappropriate and embezzle” money from the government.

The prosecutors have recommended a bail of P30,000 for each count of graft and P40,000 for each count of malversation per person, or a total of P140,000 per accused.

On Friday, Barbers posted bail before the Sandiganbayan for his charges. —NB/KBK, GMA News