Aloguinsan town mayor, 7 others lose graft case

The Sandiganbayan found Aloguinsan Mayor Cynthia Moreno and seven municipal officials guilty of purchasing P1.1 million worth of aluminum panels for the new town hall in 2007 without a “valid public bidding”.

In a June 5 ruling, the Sandiganbayan’s first division sentenced the Cebu town officials to six to 10 years in prison for violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
Moreno, who was taken aback by the decision, said her lawyers would file a motion for reconsideration.

“I was surprised the first time I read the decision because we were confident that it would be in our favor,” she said yesterday.

“I don’t consider this a setback. In fact, I consider this a challenge,” said the mayor.

Moreno has been recognized for pioneering the Bojo river cruise as an ecotourism community-based project in 2009 raising the profile of Aloguinsan as a fourth-class town.

She was awarded the first “Inang Kalikasan” (Mother Nature) award for individual leadership in ecotourism by the Department of Environment and Natural Resources (DENR) last year.

Moreno went to the court in Quezon City yesterday to secure a copy of the 28-page ruling.

If the judgment becomes final, the penalty would permanently bar the town officials from holding public office.

Moreno served a 90-day preventive suspension order from October to December last year because of the case. Her husband, Vice Mayor Augustus Moreno, assumed her post.

Moreno was convicted along with municipal civil registrar Pepito Manguil-imotan, 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.

The ruling penned by Associate Justice Efren de la Cruz said the eight officials gave “unwarranted benefits, advantage, or preference” in awarding the purchase contract to Diamond Interior Industries Corp. (DIIC) without a public bidding.

“The court is convinced. The documentary evidence of both parties clearly reveals that the panels were already purchased prior to the supposed Aug. 25, 2007 public bidding,” de la Cruz said.

No bidding

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

Georsua said the officials bought 311 sheets of aluminum composite panels and other materials which cost P1,190,037.50 for the exterior cladding of Aloguinsan’s new municipal building without a public bidding then falsified the certificate of canvass of other bidders to hide the irregularity.

The purchase order was signed by the mayor and received by DIIC on March 22, 2007, before the scheduled bidding on August 25, 2007.

Georsua secured copies of the documents on the deal from the state auditor of Aloguinsan town.
In her defense, Moreno said the complaint was politically motivated since Georsua was from a rival camp.

Moreno said she decided to use alumnimum composite panels after asking the advice of an architect on how to beautify the exterior of the new building which is located near the sea. The panels were suggested as a sturdy choice that could withstand exposure to salt water.

Moreno said she instructed the town engineer to start the purchase process since funds were available. The chairperson of the bids and awards committee showed her a sole distributor certificate from DIIC.

The mayor said she signed the purchase order dated March 22, 2007 and was later told that a bidding was conducted on Aug. 25, 2007.

The Ombudsman-Visayas said what was conducted was a “mock bidding” because the bid documents were not used to support the payment of the materials.

The Sandiganbayan said the aluminum composite panels were actually procured by the BAC through “shopping”, a mode that can 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.

But the anti-graft court said there was no basis here since the panels were “neither emergency provisions nor ordinary or regular office supplies or equipment.”