Sandiganbayan acquits Southern Leyte mayor of graft

The Sandiganbayan has acquitted a former mayor of Maasin City, Southern Leyte and other officials of graft over the purchase of communication devices amounting to P10 million in 2007.

In a 30-page decision promulgated on January 20, the Sandiganbayan Second Division acquitted former mayor Maloney Samaco; Bids and Awards Committee members Crispin Arong Jr., Feorillo Demetrio Jr., Anecito Narit, Amado Acasio, Consuelo Ladrera; and private individual Ma. Luzviminda Lopez of the Philflex Trading General Merchandise (Philflex).

“The Court hereby authorizes the release to the accused the amount they deposited as bail for their provisional liberty in this case… the hold departure order issued against them is likewise lifted and set aside,” the Court said.

It also ordered the Bureau of Immigration to remove their names from the hold departure list.

The case stemmed from the purchase of 14 sets of Senao SN-6108 long-range cordless telephones for P381,360 each, 26 sets of Senao SN-568 station-to-station units for P178,752 each, and freight and handling charges of P13,408 without public bidding.

The Court said that though public biddings are held best for the protection of the public, officials may resort to alternative mode of direct contracting.

According to Sandiganbayan, Philflex is an exclusive distributor of the equipment in the city. 

Further, it said that Philflex has no sub-dealers and there were no other suppliers selling the subject telephones.

“It [the prosecution] has been claiming that the prices offered by Philflex were excessive and that the prices on the internet were way cheaper than that of Philflex. However, these are all but unsubstantiated claims as there were no certifications… procured from other suppliers,” it said.

The Court also shot down the prosecution’s argument that the procurement is filled with irregularities due to the lack of a justification in the mode of procurement.

“There was no change of procurement as direct contracting was the option from the very start.”

According to the Sandiganbayan, the evidence was insufficient to prove beyond reasonable doubt that there was evident bad faith or gross negligence on the part of the accused.

“Evidently, there was no showing that Philflex was unjustifiably favored or given advantage by the members of the BAC as it was already predetermined that Philflex will be supplying the communication equipment to the City of Maasin as the exclusive distributor,” it said.

In a Facebook post, Samaco welcomed the Sandiganbayan's decision.

"Thank you so much, Lord and Mama Mary. We are acquitted by Sandiganbayan," he said.—AOL, GMA Integrated News