Sandiganbayan. INQUIRER FILE PHOTO
State prosecutors have formally charged former Surigao del Norte Governor Robert Lyndon Barbers in connection with the 2004 fertilizer fund scam, accusing him of purchases that were overpriced ninefold.
Barbers posted a bail of P140,000 on Friday shortly after he was charged with two counts each of malversation and violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act before the Sandiganbayan.
Barbers and seven other individuals were accused of causing undue injury to the government when the province skipped public bidding in procuring 3,332 kilograms of Elements foliar fertilizer.
Instead, the province resorted to direct contracting in two instances in May and December 2004. Prosecutors said this was “tailor-fit” in favor of exclusive distributor Rosa Mia Trading.
The fertilizer was priced at P1,500 each kilogram or a total cost of P4,998,000 for the two batches.
Prosecutors claimed this was overpriced by P1,330 per kilogram or a total of P4,431,550, which meant the government ended up paying nine times more than it should have.
The graft charge sheet stated that the provincial officials gave Rosa Mia unwarranted benefits when they entered into such a “manifestly and grossly disadvantageous” transaction.
The malversation charge sheet also alleged that Barbers conspired with the bids and awards committee (BAC) members to approve the transaction “willfully, unlawfully and criminally, and with great carelessness and unjustifiable negligence.”
This effectively allowed Rosa Mia to “misappropriate and embezzle the said amount,” the charge sheet read.
It said Barbers is accountable for the P5 million he received in trust from the Department of Agriculture regional office for the implementation of the province’s Farm Implements Program.
Charged alongside Barbers were BAC chairman Vicente Madlos and members Bob Edera, Virginia Yuipco, Teresita Durero, Audie Relliquette, and Adolfo Pantilo Sr. Also charged was Rosa Mia general manager Rose Marie Palacio.
The said cases were raffled off to the court’s Second Division. RAM/rga
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