La Union mayor faces 40-year jail term for overpriced fogging chemicals

The Sandiganbayan has sentenced Mayor Dante Garcia of Tubao, La Union to 40 years in prison after he was found guilty of purchasing overpriced fogging chemicals worth P1.35 million in 2005 and 2006.

In a 69-page decision promulgated on February 9, the First Division said Garcia was found "guilty beyond reasonable doubt" on all nine counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.

The Sandiganbayan also convicted then-municipal engineer and Bids and Awards Committee (BAC) chairperson Rosemary Magwa, municipal agriculturist Dominador Aquino, and BAC members Rosita Palaroan, Domingo Estoesta, Clarita Caburian, and Gina Collado.

Miguel Crisostomo, also known as Roger Crisostomo, of M4RJ Trading was the lone private respondent in the case.

Garcia and his co-accused were each supposed to serve a maximum jail sentence of 90 years, but the Sandiganbayan said "the duration of the total imprisonment for each accused shall not exceed 40 years."

A conviction for graft entails a punishment between six to 10 years behind bars.

On the other hand, the Sandiganbayan acquitted Marites Velasco of Arvi-Med Pharma Supplies due to the prosecution's failure to prove her participation in the alleged conspiracy.

The seven respondents were accused of awarding one contract to Arvi-Med and eight to M4RJ for the supply of MAFU and Deltamax fogging chemicals between August 2005 and July 2006.

The Sandiganbayan said the respondents purchased the fogging chemicals through small-valued purchases called "shopping," which is only allowed for regular office supplies. 

"Chemicals to be used for fogging, particularly MAFU, Deltamax and Chlorine could hardly be considered as supplies or materials necessary in the transaction of its official business as a local government unit and consumed in its day-to-day operations," the Sandiganbayan said.

Furthermore, the contract failed to undergo a public bidding as mandated under the Government Procurement Reform Act. It was also overpriced by P1.26 million, or about 93 percent, based on current market prices.

The Sandiganbayan said the evidence presented during the trial also proved that the "procurement process itself was rigged" as shown by documents used to support the payment to Arvi-Med and M4RJ.

"Garcia made these anomalous transactions possible by approving the payments made to the suppliers even if he did not authorize shopping as procurement and in some instances did not approve the purchase requests of the Municipal Health Office," the Sandiganbayan said.

The anti-graft court also took fault against Garcia's co-accused for proceeding with the shopping without the approval of the mayor, while payments were made even if it is not yet due because of documentation problems.

Associate Justice Geraldine Faith Econg penned the decision with the concurrence of Associate Justices Efren dela Cruz and Edgardo Caldona. — MDM, GMA News