Non-purchase of Yakal wood for railroad ties does not constitute graft — ex-PNR GM

Former Philippine National Railways (PNR) general manager Junio Ragragio has argued before the Sandiganbayan that there was no crime committed when he and eight other ex-PNR officials purchased Larch wood-made railroad ties.

In his 15-page appeal on the Seventh Division's denial of his quashal motion, Ragragio said there are no irregularities in the procurement of 10,400 pieces Larch wood joint ties worth P47.1 million from Nikka Trading. 

The Office of the Ombudsman earlier alleged that Larch wood, a kind of soft wood imported from China, was substandard compared to the Yakal hard wood recommended by PNR board resolutions.

Ragragio is facing two counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.

Ragragio admitted that Yakal was the sole requirement in original bid documents. He, however, said Executive Order No. 23, which ordered a logging ban for Yakal and other Philippine timber, made Yakal "no longer being legally available in the market."

"A pre-bid conference was conducted wherein it was clarified that although Yakal was initially indicted in the original bid documents, what is actually sought to be procured is 'Yakal Wood or other species or kinds of wood as long as it conforms to the mechanical and related properties of Philippine woods'," Ragragio said.

He said there was also no violation of Republic Act No. 9184, or the Government Procurement Reform Act, since a supplemental bid bulletin for the contract was published in compliance with procurement rules.

"The principles of transparency and competitiveness required under RA 9184 have been complied with, despite the fact that the initial specification of goods indicted 'Yakal.' As recognized under RA 9184, there is no irregularity in this case, and certainly no basis for finding criminal liability," Ragragio said.

Ragragio added the purchase also caused no undue injury to the government, saying the accusations against him were only based on "conclusions of law."

"It is clear that the prosecution has failed to meet the jurisprudential standard and requirements as to specificity and particularity of the allegations of pertinent facts," Ragragio said.

"For these reasons, the accused respectfully prays that the informations be quashed because the facts charged and alleged do not actualyl constitute an offense," he added.

Aside from Ragragio, former division manager Abdul Aziz Pangandaman, former department managers Estelito Nierva and Ruben Besmonte, lawyer Neofito Perilla, former assistant department manager Divina Gracia Dantes also filed their motions for reconsideration. — RSJ, GMA News