3 DA-Davao City officials to face suspension over P3-M disinfectant

Three officials from the Department of Agriculture (DA) in Davao City are facing a 90-day suspension pending their litigation by the anti-graft court over the questionable procurement of P3-million worth of disinfectants in 2012.

Senior Agriculturists Melani Provido and Isabelita Buduan, and Administrative Officer Marie Ann Constantino stand trial for violating provisions under Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, the Office of the Ombudsman said in its media release on Monday.

The Ombudsman found that Provido, Buduan, and Constantino – all members of the DA Davao City’s technical working group on the procurement of disinfectants – entered into a “grossly and manifestly disadvantageous contract” with an agri-chemical firm for P3 million.

In 2012, the accused closed deal with FKA Agri-Chemical for the procurement of 38 drums of disinfectant amounting to P3,040,000. This, despite having the option of a lower bid from another qualified bidder amounting to only P2,647,308.

The Sandiganbayan junked the contention of the defense that “they are not in a position to tamper with any kind of evidence as they are not the custodians of any relevant records, and that the deprivation of their salary as well as the humiliation and embarrassment that they will suffer will cause undue suffering and prejudice to them.”

The court, in granting the motion filed by the Ombudsman prosecutors, cited Section 13 of the anti-graft act which provides that “any incumbent officer against whom any criminal prosecution under a valid information under this law is pending in court shall be suspended from office.”

“Section 13 of R.A. No. 3019 is very straightforward.  It is a preventive suspension, not a penalty, and its purpose is to prevent the accused public officer from hampering the prosecution by intimidating or influencing witnesses, tampering with documentary evidence, or committing further acts of malfeasance while in office,” the Sandiganbayan further explained.                       /kga