North Cotabato governor cleared of graft

MANILA, Philippines — The Sandiganbayan has acquitted North Cotabato Gov. Emmylou Taliño-Mendoza of graft in connection with the provincial goverment’s purchase of fuel from a gasoline station owned by her mother in 2012.

In a 35-page decision promulgated on Sept. 14, the anti-graft court’s first division said the prosecution failed to present evidence to prove Mendoza’s guilt.

The Sandiganbayan said “bad faith and manifest partiality” were not established when Mendoza approved a resolution of the provincial bids and awards committee (BAC) recommending the award of the supply contract to Noemi Taliño’s gas station through direct contracting instead of public bidding.

The contract was for the supply of 49,526.72 liters of fuel amounting to P2.4 million to be used for a road grader and four trucks for a road project.

The Sandiganbayan said direct contracting is an alternative mode of procurement allowed under the law. Lack of public bidding does not necessarily mean the procurement is flawed, the court said.

Citing the decision of the BAC, the Sandiganbayan said procurement from Taliño’s gas station was the ”most cost-efficient” at the time.

The BAC also considered the distance from the project site, space to accommodate heavy equipment when refuelling and the mode of payment, which was through credit, the court said.

“The presumption of regularity of the action of the BAC must prevail. In approving the BAC resolution, (Mendoza) did not violate any provision of the Procurement Law,” the ruling penned by Associate Justice Geraldine Faith Econg read.

The court also gave weight to the testimonies of provincial officials that fuel procurement through direct contracting has been practiced since 2004.