Sandiganbayan convicts incumbent, 3 ex-PCG officials for violation of procurement law

The Sandiganbayan on Friday found one incumbent and three former Philippine Coast Guard (PCG) officers guilty of violating the Government Procurement Act for splitting the purchase of over P6 million worth of mobile phone cards in 2014.

In a 57-page decision, the anti-graft convicted incumbent Commander Rommel Supangan, deputy chief for Maritime Safety Service; former officials William Arquero and Ramon Lopez, deputy chiefs for Community Relations; and Joselito Quintas, deputy chief for maritime communications.

The procurement law prohibits using shopping method procurement or without competitive bidding for purchases exceeding P500,000 as well as splitting of contracts which exceed procedural purchase limits and competitive bidding.

The PCG officers were sentenced to serve six to 10 years in prison and temporary disqualification from public office for each count of conviction.

Quintas was convicted on three counts of violating Government Procurement Act, while Lopez was convicted on two counts of the same offense.

Supangan and Arquero were convicted on one count each of the same offense.

“Cognizant of the fact that the threshold for shopping as a mode for procurement should not exceed the amount of P500,000, they divided the amounts covered by the cash advances into two to three different payees or supplies. Payments were made on consecutive dates or dates close to each other. The report of disbursements they executed will show that the threshold amount for shopping was indeed not exceeded,” the Sandiganbayan said.

“It cannot be denied that these four are the ones responsible for the splitting of payments in their capacity as Special Disbursement  Officers. As claimants of cash advances, they have to justify how they dispose of the funds they obtained as approved by their superior officers in charge with the issuance of Disbursement Vouchers. In the disposal of the funds, they committed splitting of purchases, which turned out to be punishable under the provisions of RA 9184 (Government Procurement Act)," it added.

The Sandiganbayan said Supangan claimed Disbursement Voucher 12-02-0300 worth P899,700, while Arquero claimed Disbursement Voucher 14-04-1436 worth P930,300

Lopez, for his part, secured Disbursement Vouchers 14-04-1736 and 14-07-3252 for P1.54 million.

Quintas claimed Disbursement Vouchers 14-06-2996, 14-09-9773 and 14-10-5371 worth P2.698 million.

Supangan argued that he merely released the funds in view of the approved Disbursement Voucher prepared by Commander Arnaldo Lim following the Annual Procurement Plan of PCG, and that the PCG cannot purchase the entire amount allocated from a single supplier since there are different suppliers for the Globe, Smart and Talk ’n Text.

Arquero, for his part, said it was Quintas who identified him as claimant instead of the latter.

Quintas countered by saying that the Disbursement Vouchers for P930,300 cash advance were approved by the Coast Guard commandant, and that such procurement of mobile cards under shopping mode is a regular activity of the body.

Lopez said he was tasked to defray miscellaneous expenses to be used for emergency purchases worth P1 million, and that he was able to submit the needed liquidation.

The Sandiganbayan, however, junked these arguments.

“In fine, the evidence of the prosecution was able to establish beyond any reasonable doubt that accused Supangan, Arquero, Lopez and Quintas committed the splitting of a single purchase request and obligation request for the procurement of cellular phone cards into several transactions in violation of Section 65 a.4 of the Government Procurement Act,” the Sandiganbayan said.—LDF, GMA Integrated News