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Sandigan affirms ex-Catanduanes LGU execs’ conviction

Elizabeth Marcelo - The Philippine Star

MANILA, Philippines — The Sandiganbayan has upheld the conviction of former vice mayor Yolanda Tuquero of Viga, Catanduanes and six former councilors in connection with the anomalous procurement of a heavy equipment in 2005.

“All the elements for violation of Section 3(e) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act) were proven by the prosecution and supported by documentary and testimonial evidence,” the anti-graft court’s third division said in a resolution promulgated on Dec. 21.

The court denied the joint motion for reconsideration of Tuquero and former councilors Lourdes del Rosario, Rosario Mollasgo, Horacio Aquino Jr., Domingo Villanueva, William Tuplano and Gomercindo Litong.

The principal accused, former  mayor Jose Torres, as well as former councilors Asuncion Odi and Orbel Tonio have yet to appeal their conviction.

The third division had earlier sentenced Torres, Tuquero and the eight former councilors to up to 10 years in prison.

Filed by the Office of the Ombudsman in 2017, the case stemmed from the municipal government’s procurement of a backhoe loader worth P13.9 million without public bidding.

In its new ruling, the court maintained that the irregular procurement could not have pushed through if the municipal council did not authorize Torres to resort to direct contracting.

The third division also cited a resolution passed by the council authorizing Torres to enter into a loan agreement with the Philippine National Bank as there was no approved budget for the procurement.

It said the accused committed gross inexcusable negligence when they adopted the resolution without requesting for supporting documents.

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