Ex-mayor gets 16 years over fertilizer scam

MANILA, Philippines — A former municipal mayor in Misamis Oriental has been sentenced to 16 years in prison in connection with his involvement in the fertilizer fund scam.

In a 63-page decision promulgated on Jan. 29, the Sandiganbayan found Alberto Acain of Libertad town and four other former municipal officials guilty of two counts of violation of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act.

The four former municipal officials are engineer Oscar Benlot, civil registrar Isidro Gervacio, budget officer Elizabeth Pagalan and assessor Sergio Jacalan Jr.

The respondents were sentenced to six to eight years in prison for each count of the offense and were disqualified from holding public office.

The cases against former municipal treasurer Lucia Almene and fertilizer suppliers Ricardo Mendoza Jr. and Ma. Lourdes  Mendoza were archived pending their arrest.

Filed by the Office of the Ombudsman in 2017, the cases stemmed from the municipal government’s procurement of 3,666 liters of fertilizer amounting to P4.99 million.

The ombudsman said no public bidding was conducted for the project, which violated RA 9184 or the Government Procurement Reform Act.

State prosecutors said the former municipal officials engaged in direct contracting.

Benlot was chairman of the bids and awards committee while Almene, Gervacio, Jacalan and Pagalan were BAC members at the time of the procurement.

The anti-graft court said the offense started when Acain ordered the BAC to proceed with the procurement of a specific brand of fertilizer.

It said Acain and the BAC officials conspired to make it appear that the Mendozas were exclusive distributors of the specific brand.

The decision was penned by Associate Justice Bernelito Fernandez and concurred in by Presiding Justice Amparo Cabotaje-Tang and Associate Justice Ronald Moreno.