Negros Oriental vice mayor Teves seeks dismissal of graft rap

Tanjay City, Negros Oriental vice mayor Lawrence Teves has asked the Sandiganbayan to dismiss his graft case over the alleged anomalous procurement of construction materials while he was still the city mayor in 2011.

In his 14-page omnibus motion, Teves, along with his co-respondents, asked the anti-graft court's First Division to find no probable cause and eventually dismiss their case.

Teves was charged with violation of Section 3(e) of RA 3019, or the Anti-Graft and Corrupt Practices Act, along with then-Liga ng mga Barangay president Denver Bokingkito, Sangguniang Kabataan Federation president Mar Francis Saguran and general services officer Bogard Colina.

The Ombudsman alleged that Teves conspired with the other respondents in procuring construction materials from Megatrend Enterprises for the repair of covered canals in Barangays 5 and 6 worth P280,876.34 without public bidding and without a resolution from the Bids and Awards Committee justifying and recommending the use of alternative mode of procurement.

But the respondents, in their motion, argued that there is no basis to find probable cause in his cases that would justify an issuance of a warrant of arrest.

"The findings of the Office of the Ombudsman are arbitrary, whimsical and capricious since it is riddled with inconsistencies as to whether or not collusion or conspiracy existed among the accused," his motion read.

They pointed out that the Ombudsman found there was no collusion among them, but then said they conspired with another to defraud the government excluding the private entity they allegedly favored.

The respondents also said the elements of graft do not exist in their case.

In Teves' case, for example, the approval of the purchase requests was made in performance of his official function as then-mayor.

He also did not give "unwarranted benefit" to Megatrend, they said in their motion, as it submitted the lowest bid among three other bidders.

The acts of Bokingkito and Saguran in approving the making of the purchase request and affixing their signatures in the canvass summary were also made in performance of their functions as requisitioning officers, they argued.

"Wherefore, premises considered, accused respectfully pray that the Honorable Sandiganbayan render a decision finding no probable cause that the accused violated Section 3(e) of RA 3019 and, consequently, dismiss the case," their motion read.

The Ombudsman had earlier ordered the nine-month suspension of Teves after he was found guilty of simple misconduct and conduct prejudicial to the best interest of service over the same act.

Also ordered suspended were Bokingkito and Colina.

The Ombudsman, meanwhile, has also ordered the filing of a fresh graft charge against Teves over the alleged anomalous implementation and procurement of materials for barangay projects in the city. —KG, GMA News