THE Sandiganbayan has convicted a former mayor in Bulacan province for graft over the purchase of a P1.2-million sports utility vehicle (SUV) from a local distributor in 2014.
In a 35-page decision penned by Associate Justice Ronald Moreno, the anti-graft court sentenced Baliwag ex-Mayor Carolina Dellosa to a prison term ranging from six to eight years with perpetual disqualification to hold public office.
Dellosa was accused of unlawfully approving the purchase of a P1.2 million sports utility vehicle from a local distributor in 2014 through direct procurement, or without going through public bidding as required by RA 9184 or the Government Procurement Reform Act.
The Sandiganbayan said Dellosa approved the purchase even if a specified brand name was made by the bids and awards committee (BAC), in violation of the law.
“Section 18 of R.A. No. 9184 is clear, with no exceptions, that reference to brand names in procurement is prohibited,” the verdict stated.
During the trial, Dellosa denied signing the documents on the procurement of the vehicle. But the anti-graft said, the prosecution’s evidence proved otherwise.
“As the local chief executive and head of Procuring Entity, it behooves upon her to have exercised reasonable degree of caution and sound judgment before stamping her approval on official documents. Had she been more circumspect in examining the documents, she would
have noticed the irregularities and the patent disregard of the law,” the court said.
The court added there was no proper justification for choosing a specific brand name. “It should also be noted that the purpose for the procurement of the subject vehicle was to perform ‘official business with the national and local agency,’” it also said.
At the same time, the court said: “It has not been justified that no suitable substitute could be obtained from the market at more advantageous terms to the government.” The 35-page decision wrote by Moreno was with the concurrence of Presiding Justice Amparo Cabotaje-Tang and Associate Justice Bernelito Fernandez.