The Sandiganbayan has sentenced a twice-convicted Davao Oriental politician to a fresh term of up to 10 years in jail after finding him guilty of graft for purchasing P196,900 worth of medicines without public bidding.
In a 21-page decision dated Nov. 21, the court’s Fourth Division held former Baganga Mayor Gerry Morales liable for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.
Municipal accountant Emeritos Jovilla, treasurer Francisco Jimenez, and general service officer Reymundo Escamillan were also found guilty over the emergency purchase of 110 boxes of deworming medicine in July 2001.
Morales, an incumbent councilor, and his three coaccused were sentenced to a minimum of six years and one month to a maximum of 10 years in prison. They were also disqualified from public office and ordered to return the P196,900.00.
Morales had been convicted twice for procurement anomalies in November 2014 and April 2016, and acquitted in separate cases in June 2010, January 2013, and September 2016.
The court said under Sections 356 and 366 of the Local Government Code, the procurement of Mebendazole tablets should have been done through public bidding.
“The court submits that medicine for deworming cannot be, in all honesty, considered as an emergency purchase even in the face of a Sangguniang Bayan resolution which states that there is a calamity,” read the ruling penned by Justice Alex L. Quiroz.
The court also noted that documents relating to the purchase were “beset with irregularities.”