MANILA, Philippines – Six former officials of the National Printing Office (NPO), including former acting director Emmanuel Andaya, have been acquitted of graft charges stemming from an anomalous procurement of printing services in 2011.
The decision by the Sandiganbayan Fifth Division last August 30 said that the prosecution failed to present evidence showing Andaya, former NPO chief administrative officer Sylvia Banda, operations chiefs Josefina Samson and Antonio Sillona, budget officer Bernadette Lagumen and office assistant chief Ma. Gracia de Leon Enriquez, exercised bad faith when they recommended the services of JI Printers Inc.
All six were members of NPO’s Bids and Awards Committee (BAC). They were accused of conspiring with JI Printers officers Ivan Go and Vicente Go after the BAC issued a recommendation to adopt a negotiated form of procurement, which should apply only in emergency situations.
This was for a P3.6 million contract for the Office of the Provincial Treasurer (PTO) of Cebu, which requested NPO to supply personalized accountable forms. The NPO administration initially said it cannot accommodate the request of Cebu’s PTO.
“The element that the transaction must be grossly and manifestly disadvantageous to the government was not sustained by the documentary and testimonial evidence presented by the prosecution,” the decision penned by Associate Justice Maria Theresa Mendoza-Arcega said.
Sandiganbayan also stressed that the lack of a public bidding, or violations of the procurement steps as prescribed by Republic Act No. 9184 or the Government Procurement Act, do not necessarily mean that the government was disadvantaged in the deal.
“This act, by the BAC and accused Andaya, although not in full compliance with the law, is also not proven to be disadvantageous to the government, without adequate proof of how the government was unjustly deprived of a fair and reasonable contract,” the court explained.
“There was no evidence that the government paid more than the estimate for the printing order. There was also no evidence submitted showing that the contracted amount was overpriced, in fact, it is within the estimated amount for the printing request of PTO-Cebu,” the court added.
The graft case is only one of the several that Andaya and the others are facing. In 2016, graft cases were filed by then Ombudsman Conchita Carpio Morales over an anomalous procurement of travel clearance certificates from the National Bureau of Investigation (NBI).
READ: NPO officials charged with graft over bidding fraud
READ: NPO officials to face graft charges for bidding fraud
Then in 2014, Andaya faced a suspension order for simple neglect of duty, after he hired two private lawyers to defend NPO, without notifying the Office of the Solicitor General, the government’s official law office.
READ: NPO exec suspended for neglect of duty