Ex-Davao Oriental mayor gets 10 years for P2 million graft
The provision prohibits public officials from directly or indirectly requesting or receiving gifts or benefit from any party in connection with a pending contract or transaction with the government in which they have official capacity to intervene.
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Ex-Davao Oriental mayor gets 10 years for P2 million graft
Elizabeth Marcelo (The Philippine Star) - December 3, 2019 - 12:00am

MANILA, Philippines — Former mayor William Duma-an of Caraga, Davao Oriental has been sentenced to up to 10 years in prison over the unlawful receipt of a P2-million loan from a financial consultancy firm in 2010.

In a 22-page decision promulgated on Nov. 15 and released yesterday, the Sandiganbayan’s Third Division said state prosecutors presented sufficient evidence to prove Duma-an’s guilt for violating Section 3 (b) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

The provision prohibits public officials from directly or indirectly requesting or receiving gifts or benefit from any party in connection with a pending contract or transaction with the government in which they have official capacity to intervene.

“Despite the non-appearance of the private complainant to testify, a judicious examination of the documentary evidence on record as well as the accused’s own admission convinced the court of... guilt... beyond moral certainty,” the ruling read.

Duma-an was also perpetually disqualified from holding public office.

The case, which was filed in 2016, stemmed from Duma-an’s receipt of P2 million from Roseller Macayra, chief executive officer of RR Summit Consultants Inc., between July to September 2010.

The Office of the Ombudsman said Duma-an was able to obtain the loan after he assured Macayra that he would facilitate the release of RR Summit’s three percent service fee with the hiring of the company as consultant in obtaining funding for the municipal government’s developmental projects worth P110 million.

The court cited the contract with loan confirmation and promissory note presented by the prosecution to prove that Duma-an received the amount from Macayra.

Duma-an confirmed the authenticity of the contract and admitted that he personally received the P2 million as loan from Macayra, the court added.

“The accused admitted that at the time he received the amount, the municipality had an existing contract with... RR Summit,” the third division said.

The court said Duma-an wrote a letter to Macayra dated July 9, 2010, stating that the municipality “unconditionally commits” to pay RR Summit its service fee.

“A day after the date of the... letter, Duma-an received the first P1 million from... (Macayra),” the court said.

The third division said this was despite the fact that the municipal government was obligated to pay Macayra its consultancy fee under a memorandum of agreement (MOA) entered with RR Summit on June 1, 2009. 

“The fact that the MOA was entered into by... Duma-an’s predecessor mayor Alicia Mori is irrelevant insofar as Section 3 (b) of RA 3019 is concerned,” the ruling read.

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