State prosecutors oppose appeal by convicted ex-mayor, lawmaker
State prosecutors have opposed the appeal of former Pasay City mayor Wenceslao “Pewee” Trinidad for a reconsideration of his conviction for graft over a public market mall project.
Trinidad and former Pasay Rep. Jose Antonio Roxas were convicted by the Sandiganbayan in November 2015 for giving unwarranted benefits to Izumo Contractors Inc. by awarding the contract for the construction of a P489.95-million Pasay City mall and public market in 2003.
Trinidad filed a motion for reconsideration while Roxas filed an omnibus motion for a retrial for lack of merit.
READ: Ex-Pasay mayor, lawmaker sentenced to prison, fined P200
Trinidad was chairman of the Pre-Qualification Bids and Awards Committee (PBAC) while Roxas was then a member of PBAC and councilor at the time of the contract.
The court said Trinidad as PBAC chair awarded the contract to Izumo even though the PBAC ceased to exist after it was superseded by the creation and constitution of a new BAC under Republic Act 9184 or the Government Procurement Reform Act.
The court ruled that Trinidad and Roxas reconvened the PBAC for the bidding even though they did not have the authority to do so, “thereby (giving) unto the latter (Izumo) unwarranted benefits, advantage, and preference…”
The court also convicted Trinidad of violating Article 237 of the Revised Penal Code for prolonging the performance of his duties and powers.
In appealing his conviction, Trinidad said the court erred in finding him liable for reconvening the PBAC even though it has ceased to exist.
He cited the invitation to bid issued on Oct. 3, 2003, or five days before the implementing rules and regulations of the new law took effect on Oct. 8.
He cited the new procurement law as saying advertisements and invitations to bid issued before the effectivity of the law may still be adopted by the procuring body.
But the prosecution said Trinidad failed to mention that he actually issued another invitation to bid on Oct. 23, 2003, or after the effectivity of the law, making the first invitation invalid.
Also, Trinidad issued an executive order (EO) creating the new BAC on Dec. 29, 2003, thus this new BAC should have taken over the procurement activities.
Still, Trinidad continued to head the old BAC to proceed with the opening of bids on Jan. 31, 2004, the prosecution said, to criminally give unwarranted benefit to Izumo Contractor.
“Based on the circumstances, the reasonable conclusion that can be drawn as to the reason why accused Trinidad and the PBAC insisted in conducting the bidding despite the effectivity of the implementing rules and regulations of RA 9184 and the issuance of an EO creating the BAC, is that they wanted to ensure that Izumo Contractor Inc. will be awarded with the contract to construct the Pasay City Mall and Public Market,” the prosecution said.
In his appeal, Roxas asked the court to conduct a retrial of the case because his counsel seriously erred in defending him from the charges.
Roxas said his constitutional right to be heard was waived because of the “serious error and gross inexcusable negligence” of his previous lawyer.
The prosecutors told the court that Roxas failed to set the appropriate grounds for retrial, which are new and material evidence as well as error of law or irregularities prejudicial to the accused.
The prosecution added that Roxas cannot argue for a retrial simply because of his counsel’s neglect. It added that Roxas is bound by his counsels’ acts.
For the graft case, Trinidad and Roxas were sentenced to a prison term of six years and one month as minimum to 10 years as maximum, and penalized with perpetual disqualification from public office.
For the conviction of prolonging public office, Trinidad and Roxas were sentenced to four months and 21 days arresto mayor as minimum to one year, one month and 11 days prision correccional as maximum and a special temporary disqualification from public office for a period of six years and one day. They were also fined P200.
