The Sandiganbayan has sentenced a former Isabela mayor to up to eight years in prison for releasing P2.5 million to the contractor of a road work project that was not bidded out.
The antigraft court’s Special Third Division found former Luna mayor Manuel Tio and accountant Lolita Cadiz guilty of violating the Anti-Graft and Corrupt Practices Act for giving “unwarranted benefit” to Double A Gravel & Sand.
Tio and Cadiz were ordered to spend a minimum of six years and one month to a maximum of eight years in prison. They were also perpetually disqualified from public office.
In a 30-page decision dated Nov. 29, the court said Tio acted with “manifest partiality” when he awarded the road concreting project to Double A without public bidding.
The court also said Tio and Cadiz acted with “gross inexcusable negligence” when they released the funds to Double A despite incomplete supporting documents.
Tio had argued that he did not hold a public bidding because the provincial government, not his town, provided the funds under a memorandum of agreement.
No exemptions
But the court rejected the defense, saying the agreement did not exempt the municipality from the requirement of public bidding.
The mayor also claimed that public bidding could not be held because the funds were not available at the time.
Countering the argument, the court said Tio still proceeded even without the funds and “no explanation was made for the haste” in undertaking the project.
The court also was not convinced by Tio’s claim that Double A was the only supplier willing to provide the construction materials on credit.
Without public bidding, the court asked: “How could he have known that Double A was the only qualified supplier?”
The court also said Tio and Cadiz signed the disbursement voucher to release the funds, even without the signature of the municipal treasurer, which was also a requirement.
Justice Sarah Jane Fernandez penned the decision. Presiding Justice Amparo Cabotaje-Tang and Justice Samuel Martires concurred.