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By ADRIAN STEWART CO
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February 7, 2018
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Sandigan absolves Leonardia, 9 others from furniture case
MANILA – Sandiganbayan has dismissed the graft case filed against Bacolod City mayor Evelio“Bing” Leonardia over the alleged irregular purchase of furniture and fixtures worth some P49.1 million for the Bacolod City Government Center in 2008.
The three-page decision that the anti-graft court’s Fourth Division released on Tuesday granted Leonardia’s motion to dismiss the case for violation of his right for speedy disposition.
The graft charges against Leonardia and his co-accused were dismissed due to “inordinate delay.”
“Ombudsman investigators took more than eight years from the time the complaint was received by the local chief executive until the approval of the case’s joint resolution,” part of the decision stated.
“A total delay of five years and five months in the conduct of both the fact-finding investigation and preliminary investigation would already constitute inordinate delay,” it added, citing a previous Supreme Court decision.
Moreover, Sandiganbayandid not give credit to the arguments of the prosecution that the delay was caused by the extended time given by the Ombudsman for the respondents to file their counter-affidavits.
The other respondents were Goldwyn Nifras, LuzvimindaTreyes, Nelson Sedillo Sr., Belly Aguillon, Eduardo Ravena, AladinoAgbones,JariesEbenizerEncabo, Melvin Recabar, and Annabelle Badajos.
Aside from the dismissal of their one count each for violation of Section3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, Sandiganbayan has also ordered the lifting of hold departure orders slapped on them.
The charges stemmed from Leonardia and the others awarding the fully-paid contract to Comfac Corp.for the furniture and fixture purchase despite the firm’s noncompliance with eligibility requirements under the law and instruction to bidders in 2008.
They were also accused of irregularly converting the contract’s bid security rate of 1 percent to a higher performance security rate of 5 percent and allowed the payment of P57,600 worth of liquidated damages instead of P14.1 million due to late deliveries.
Former Negros Occidental Board member Victor Puey, who filed the complaint against Leonardia and the others, told Panay Newsyesterday in a text message, “Well, mabaskogsi Bing. Waaynakomahimo.”
For his part City Legal Officer JoselitoBayatan said in a statement yesterday, “The dismissal of both the criminal and administrative cases of the furniture complaint is a vindication and an answered prayer for the mayor (Leonardia) and his supporters, and he can now move on with his daily tasks without being distracted by these cases.”
Panay Newswas still reaching for Leonardia’s comment as of this writing. (With Mae Singuay/PN)
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