A former mayor in Albay was convicted of graft over the anomalous repair of five vehicles in 2003 worth about P450,000.
The Sandiganbayan found former Camalig mayor Paz Muñoz and her municipal engineer Rene Ortonio guilty of graft for allowing the anomalous maintenance contracts, according to an Ombudsman statement on Monday.
They were convicted for violating Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, and sentenced to jail from six years and one month to eight years. They were also perpetually disqualified from holding public office.
The graft case stemmed from a Commission on Audit (COA) report that bared irregularities in the contracts amounting to P447,027.53 for vehicle repair, including carwash, awarded to Legazpi Tireworld Corporation.
Among the irregularities found were the lack of pre- and post-inspection reports and a proper canvass for the repairs, as well as undated requests for bids and the submission of bids.
The COA made an inspection and found that two of the concerned vehicles were no longer in running condition and thus not serviceable.
Muñoz supposedly made a defense that it was an “honest mistake that she inadvertently missed because of her voluminous work.”
However, in a 23-page decision penned by Associate Justice Napoleon Inoturan, “[t]hese irregularities are too numerous and blatant to be attributable to honest mistake.”
“More importantly, they relate to the conduct of canvass which is mandatory under the law,” the court added.
The Sandiganbayan said prosecutors were able to prove that “the signatures of the accused appearing in the documents submitted and their respective participation, acting with manifest partiality and evident bad faith, resulted in the award of repair and maintenance of the vehicles and the subsequent release of the checks for the services rendered by and supplies from Legazpi Tireworld.”
Section 3(e) of Republic Act 3019 classifies as a corrupt practice causing injury to government or a private party any unwarranted benefits, advantage or preference in the discharge of his or her official functions through manifest partiality, evident bad faith or gross inexcusable negligence.