MANILA, Philippines — The Sandiganbayan has convicted a former Davao Oriental mayor for graft due to irregularities in the procurement of 10 pieces of exterior tires worth over P100,000.
The anti-graft court found former Baganga mayor Gerry Morales, Municipal Engineer Roseller Macayra, Municipal Accountant Emeritos Jovilla and Municipal Treasurer Francisco Jimenez, Jr. guilty of violating Section 3(e) of the anti-graft law.
The court said that in October 2002, local officials committed procurement violations in the purchase of 10 pieces of exterior tires from Donald Villademosa, owner of Villtrade Marketing.
The Commission on Audit noted the following deficiencies: the abstract of canvass was not referred to the Committee on Awards; the Purchase Order with certification as to the availability of funds was unsigned; Villtrade Marketing is not engaged in the dealership of auto spare parts; delivery receipts and official receipts from Villtrade were wanting; Inspection and Acceptance Report was unsigned; and the items procured were not delivered.
According to the decision penned by Associate Justice Alexander Gesmundo, “by allowing the disbursement of public funds in the amount of P101,086.37 and paying the same to Villtrade Marketing despite the fact that no tires were delivered, accused caused actual damage to the municipality of Baganga and conferred unwarranted benefit to Villtrade Marketing.”
Morales, Macayra, Jovilla and Jimenez, Jr. were sentenced with an indeterminate penalty of imprisonment of six years and one month as minimum to ten years as maximum, with perpetual disqualification from holding public office.
They were also ordered to indemnify the government P101,086.37 for actual damages.
The court also ordered the issuance of alias warrants of arrest against Canvasser and OIC-General Services Officer Reymundo Escamillan and Donald Villademosa, who remain at-large.
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