Sandiganbayan affirms lady mayor’s conviction

Aloguinsan Mayor Cynthia Moreno will have to go to a higher court for relief.

The Sandiganbayan denied her motion for reconsideration  and stood by its decision convicting her of  graft for buying P1.1 million worth of construction materials without a public bidding in 2007.

The anti-graft court’s First Division dismissed Moreno’s appeal and her  request to reopen the case  so she could present  additional evidence.

Sought for comment yesterday, the mayor said her lawyers would  “exhaust all means possible” to contest the ruling.

“I haven’t received a copy of the resolution released by the Sandiganbayan last Aug. 28. I haven’t consulted my lawyers about it yet. They have yet to read the decision,” Moreno told Cebu Daily News in a phone interview.

She also opened the possibility of elevating her appeal to the higher courts since the resolution is not yet final.

Judgement

Moreno, along with seven municipal officials were found “guilty beyond reasonable doubt” last June for violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

The town officials were also sentenced six to 10 years in prison and will be permanently barred from holding public office in the future, if the judgment becomes final.

“The court finds no cogent reason to depart from the questioned decision and to weigh all over again the evidence as scrutinized by the court as it had convincingly and adequately demonstrated the guilt of the accused beyond any shadow of doubt,” read the nine-page decision penned by Associate Justice Efren Dela Cruz last August 28.

Moreno already served a 90-day preventive suspension order from October to December last year because of the case.

During her absence, her husband, Vice Mayor Augustus Moreno, assumed her post.

Falsified

Aside from Moreno, municipal civil registrar Pepito Manguilimotan, municipal budget officer Nonela Villegas, municipal agricultural officer Marilyn Flordeliza, municipal assessor John Lim, municipal engineer Orven Nengasca, and utility workers Gertrudes Ababon and Emilia Luz Celis were also convicted.

In its resolution, the Sandiganbayan stood by its decision to convict Moreno after “considering the surrounding circumstances of the case.”

The case stemmed from a complaint filed by former Aloguinsan councilor Felimon Georsua with the Ombudsman-Visayas in 2008.

He said officials bought 311 sheets of aluminum composite panels and other materials which cost P1,190,037.50 for the exterior cladding of Aloguinsan town’s new municipal building without a public bidding.

Georsua claimed that the officials then falsified the certificate of canvass of other bidders to hide the irregularity.

The anti-graft court said it has already “exhaustively discussed” in its previous ruling why it was convinced that the construction materials were procured without the benefit of a fair public bidding.

It questioned why the town resorted to “shopping” when there were no emergencies at the time.

It said the procurement mode can only be used if there is an “unforeseen contingency requiring immediate purchase” and regular supplies are not available based on Republic Act 9184 or the Government Procurement Reform Act.