State prosecutors have formally charged former Rizal governor Casimiro Ynares Jr., before the Sandiganbayan with the procurement of P3.597-million worth of allegedly overpriced fertilizers.
Ynares and nine other individuals face two counts each of violation of Sections 3(e) and 3(g) of the Anti-Graft and Corrupt Practices Act for the allegedly irregular purchases made on November 2004 and March 2005.
The cases arose from the purchase of 2,455 bottles of Bio Nature Liquid Organic Fertilizers from Feshan Philippines, Inc., at a price of P1,500 apiece.
State prosecutors said the provincial officials “knew fully well” that the transactions violated the Government Procurement Reform Act and was beset by “various irregularities or instances of fraud.”
READ: 2 ex-governors, 2 ex-mayors charged over fertilizer fund scam
They cited the absence of public bidding, and the purchase request’s specification of the brand and distributor despite the availability of other foliar fertilizers for as low as P187 per bottle.
The charge sheets stressed that the alleged ten-fold overprice of P3.237 million caused undue injury to the government
Prosecutors claimed the provincial officials took advantage of their positions in allegedly conspiring to give unwarranted benefits to Feshan in violation of Section 3(e) of the graft law.
They also sought to hold the officials accountable for allegedly entering into the transactions which were “manifestly and grossly disadvantageous to the government” in violation of Section 3(g) of the same law.
Charged alongside Ynares were provincial accountant Cecilia Almajose, and the following bids and awards committee members: provincial administrator Virgilio Esguerra, provincial agriculturist Danilo Rumbawa, provincial legal officer Eduardo Torres, provincial engineer Danilo Collantes, department head Eugene Durusan, assistant department head Romulo Arcilla, Jr., and assistant budget officer Victorina Olea.
Also charged was Feshan representative Mallyne Araos, also known as Marilyn U. Araos.
Prosecutors recommended that their bail be set at P30,000 for each charge or a total of P120,000 for each of the accused.
The Office of the Ombudsman in June 2014 previously ordered the officials’ dismissal and ban from public office after finding them administratively liable for dishonesty, grave misconduct and conduct prejudicial to the best interest of the service.
But, the Court of Appeals in September dealt a blow to the graft body’s Task Force Abono, after finding the evidence of alleged brand preference and overprice to be insufficient to sustain the finding of administrative liability./rga