Ex-Bohol mayor meted 10-year imprisonment for graft
Published Sep 21, 2019 12:00 pm
By Czarina Nicole Ong-Ki
The Sandiganbayan Third Division has found former San Isidro mayor Requillo Samuya of Bohol guilty of graft for purchasing several kilos of soil activator through direct contracting back in 2004.
Sandiganbayan (MANILA BULLETIN)
Samuya has been sentenced to suffer the indeterminate penalty of imprisonment of six years and one month as minimum to 10 years as maximum, and to suffer perpetual disqualification from holding public office.
Samuya was convicted for violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act, alongside Akame Marketing International representative Edilbero Apostol.
According to court records, the two of them entered into a contract for the purchase of 812.5 kilos of NBEM-21 Microaid Activator for P975,000. However, they did not comply with the mandatory public bidding and did not take the necessary steps for the conduct of direct contracting.
In its ruling, the anti-graft court said that the prosecution successfully established all the elements of the crime charged. The testimonial and documentary evidence of the prosecution prove that there was no public bidding before accused Samuya approved the procurement of the soil activator from direct contracting. Neither was a bids and awards committee (BAC) created.
"To be sure, accused Samuya was serving his second term as mayor when the subject procurement was made. Thus, he knew, or ought to have known, the structures regarding government procurement," the decision stated.
The court said Samuya was duty-bound to ascertain that all requirements must have been complied with before he signed the disbursement voucher. In this case, he did not.
"He blindly signed the disbursement voucher...which undeniably demonstrates 'a state of mind affirmatively operating with furtive design or for ulterior purposes,'" the decision read.
Since the court has not acquired jurisdiction over Apostol, who remains at large, the case against him was ordered archived and will be revived upon his arrest.
The 41-page decision was written by Presiding Justice Amparo Cabotaje-Tang with the concurrence of Associate Justices Bernelito Fernandez and Ronald Moreno.
Sandiganbayan (MANILA BULLETIN)
Samuya has been sentenced to suffer the indeterminate penalty of imprisonment of six years and one month as minimum to 10 years as maximum, and to suffer perpetual disqualification from holding public office.
Samuya was convicted for violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act, alongside Akame Marketing International representative Edilbero Apostol.
According to court records, the two of them entered into a contract for the purchase of 812.5 kilos of NBEM-21 Microaid Activator for P975,000. However, they did not comply with the mandatory public bidding and did not take the necessary steps for the conduct of direct contracting.
In its ruling, the anti-graft court said that the prosecution successfully established all the elements of the crime charged. The testimonial and documentary evidence of the prosecution prove that there was no public bidding before accused Samuya approved the procurement of the soil activator from direct contracting. Neither was a bids and awards committee (BAC) created.
"To be sure, accused Samuya was serving his second term as mayor when the subject procurement was made. Thus, he knew, or ought to have known, the structures regarding government procurement," the decision stated.
The court said Samuya was duty-bound to ascertain that all requirements must have been complied with before he signed the disbursement voucher. In this case, he did not.
"He blindly signed the disbursement voucher...which undeniably demonstrates 'a state of mind affirmatively operating with furtive design or for ulterior purposes,'" the decision read.
Since the court has not acquired jurisdiction over Apostol, who remains at large, the case against him was ordered archived and will be revived upon his arrest.
The 41-page decision was written by Presiding Justice Amparo Cabotaje-Tang with the concurrence of Associate Justices Bernelito Fernandez and Ronald Moreno.