Sandigan affirms ex-South Cotabato mayor’s conviction

MANILA, Philippines — The Sandiganbayan has upheld the conviction of former mayor Romeo Januto of Norala, South Cotabato and incumbent Vice Mayor Victor Balayon in connection with the fertilizer fund scam.

In a five-page resolution promulgated on March 3, the anti-graft court’s third division said Januto, Balayon and their co-accused failed to raise any new valid argument in their motion to reverse its ruling which found them guilty of violating Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

The court sentenced Januto and Balayon to up to 10 years in prison and ordered their perpetual disqualification from holding public office.

Also convicted were former municipal accountant Grace Mediana, bids and awards committee chairman Domidador Escucha Jr. and BAC member Carlos Bengil. Balayon was included in the charge sheet as former BAC member.

“The findings of this court were squarely anchored on the facts established and evidence presented during the trial after careful consideration and deliberation,” the court said in its new ruling.

Filed by the Office of the Ombudsman in 2016, the case stemmed from the municipal government’s purchase of 1,000 boxes of organic fertilizer worth P1.8 million from RCS Trading in June 2004.

The ombudsman said the officials conspired to give “unwarranted benefit, advantage or preference” to RCS Trading when they procured the fertilizer without public bidding.

The accused claimed they acted in good faith when they dispensed with the public bidding due to the urgency of the situation as it was already planting season. 

“The defense of good faith is wanting because bad faith may be clearly inferred from the fact that the accused...knew fully well that they did not comply with the requirements for public bidding,” the court said.

“They did not present any evidence to justify their resort to direct contracting instead of public bidding despite their awareness that the urgency of planting season was not among the allowed exceptions to public bidding,” it said.