Ex-Pangasinan mayor charged with graft over rental of garbage clearing equipment

 

Former Binmaley, Pangasinan mayor Lorenzo Cerezo was charged with multiple counts of graft before the Sandiganbayan over the alleged anomalous rental of equipment for the municipality’s supposed garbage clearing operations.

In separate charge sheets recently filed by the Office of the Ombudsman’s Office of the Special Prosecutor (OSP), Cerezo was charged with 21 counts of violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

Charged with Cerezo was private contractor Edwin Castillo of MTAC Merchandise (MTAC).

Based on the information of the filed cases, Cerezo approved the awarding of 21 contracts amounting P2 million covering rental of dump trucks, payloaders and bachoes  November 2011 to April 2013, without holding the required public bidding.

“Without public bidding, the government was deprived of the best possible price for the lease of heavy construction equipment,” the OSP said.

Section 3 (e) of RA 3019 prohibits public officials from causing undue injury to any party, or giving any private party unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.

In a motion to quash the cases filed by before the Sandiganbayan Fifth Division, Cerezo said the equipment were rented for the “garbage clearing operation during his incumbency in response to an unfolding crisis of uncollected garbage and debris brought about by typhoons that devastated the municipality.”

Cerezo further claimed that there was no “evident bad faith and/or gross inexcusable negligence” in his decision to dispense with the public bidding as the situation can be considered a matter of emergency.

Cerezo said he in fact sought the opinion of the municipality’s legal consultant Jose Martinez Jr. before approving the contracts. Cerezo claimed that Martinez “found no legal obstacles” in entering into a lease agreement with MTAC. — APG, GMA News