Ex-Romblon mayor faces 10-year jail term for questionable backhoe purchase

The former mayor of Romblon, Romblon has been sentenced to a maximum jail term of 10 years after the Sandiganbayan found him guilty of graft over the purchase of a backhoe loader.

In a 39-page decision penned by Fourth Division chairperson Associate Justice Alex Quiroz, the Sandiganbayan said it found former mayor Leo Merida "guilty beyond reasonable doubt" and perpetually barred him from holding public office.

The same sentences were also meted against former municipal councilors Melben Mesana, Gerry Mijares, Mariano Mateo, Francisco Mayor, Jr., Chris Mazo, Ramon Magallon, Edler Robis, Rafael Riano and Bryant Riano.

The Office of the Ombudsman had accused the respondents of causing undue injury to the government when they authorized Merida to obtain a P13.95-million loan from the Philippine National Bank for the purchase a brand-new JCB backhoe loader from Compressed Air Machineries and Equipment Corporation (CAMEC).

The Ombudsman said the municipal council awarded the contract to CAMEC through a negotiated purchase, a violation under the Government Procurement Reform Act which states that government contracts must undergo a public bidding.

The respondent for the public officials had argued that the procurement of a backhoe was essential for the rehabilitation and conversion of the town's open dump sites to controlled dumpsites.

In its decision, the Sandiganbayan said it was convinced by the prosecution that there was bad faith on the part of Merida and his co-accused.

The Sandiganbayan said the project, which failed to be referred to the Bids and Awards Committee, is still unlawful under the government procurement act even if it accepts the arguments of the respondents that CAMEC was the sole supplier of the backhoe.

"It is the Bids and Awards Committee that is tasked by law to recommend to the Head of the Procuring Entity the use of direct contracting as an alternative method of procurement," the decision read.

The Sandiganbayan also found that Merida only had authorization to apply for a loan at PNB in November 2005, noting the former local chief executive already entered an agreement with CAMEC before he had authority from the municipal council.

The Sandiganbayan further said the backhoe was delayed by eight months when it was delivered on September 13, 2006 despite the city government's full payment to CAMEC in January.

"The Court is convinced that the accused, in the award of the contract to CAMEC for P13,950,000.00 without the benefit of public bidding and in disregard of the prescribed procedures for the use of alternative method of procurement under Republic Act No. 9184 and its Implementing Rules and Regulations Part A, has acted with evident bad faith and gave CAMEC unwarranted benefit," it said.

Merida and his co-accsued filed a motion for reconsideration, but the anti-graft denied their appeal on March 26, 2018 since all points raised by the respondents "have been exhaustively addressed in the assailed decision and present no novelty that would merit reconsideration." — BM, GMA News