ILOILO – The Sandiganbayan upheld the conviction of former provincial administrator Manuel “Boy” Mejorada and former General Services Office head Ramie Salcedo for violating the Anti-Graft and Corrupt Practices Act relative to a laptop purchase during the administration of then governor Niel Tupas Sr.
In its 25-page resolution, the anti-graft court denied the duo’s motions for consideration for lack of merit. It also cited seven points against the arguments of the accused.
These were the following:
* Accused’s right to due process and to be informed of the nature of the accusation against them have not been violated. They were clearly charged in the Amended Information for considering The Seven Eleven Trading as the lone bidder despite its ineligibility, in violation of Republic Act (RA) 9184.
* Accused were clearly charged in the Amended Information as Bids and Awards Committee (BAC) member and chairperson for considering The Seven Eleven Trading as lone bidder.
* It is a longstanding policy anchored on the Constitution for the courts not to interfere with the Ombudsman’s exercise of his discretion on who to charge. The proper remedy to question any perceived abuse of this discretion is via a Rule 65 petition filed within the period prescribed by law.
* The prosecution had sufficiently proven the ineligibility to bid of The Seven Eleven Trading based on other pieces of evidence.
* Contrary to accused Mejorada’s claim, the bidding documents submitted to BAC by The Seven Eleven Trading were part of the records of the case, having been admitted by the court when offered in evidence by the prosecution.
* Accused’s reliance on supposedly following the procedures under the 2016 Implementing Rules and Regulations (IRR) of RA No. 9184 is misplaced. The transaction occurred in 2007, hence it is governed by the original IRR which took effect in 2003.
* The conspiracy between Mejorada and Salcedo was duly established.
Salcedo claimed his constitutional right to due process and “to be informed of the nature of the accusation” was violated when he was convicted of an act or omission not charged in the Information.
He also averred that the prosecution’s evidence/s proving the Seven Eleven Trading’s ineligibility to bid were all inadmissible for being hearsay and irrelevant.
Salcedo alleged further that misapprehension of facts led to a wrongful conclusion that they gave “unwarranted benefits” to The Seven Eleven Trading.
For his part, Mejorada alleged that the decision to consider the bidder in the case was made by the BAC as a collegial body. Hence, he did not act with manifest partiality or give unwarranted benefit, advantage or preference when he signed documents related to the procurement.
Mejorada also insisted that no conspiracy was proven in the case.
“All other arguments raised by Mejorada and Salcedo are too insubstantial to warrant further discussion,” read the resolution penned by Associate Judge Zaldy Trespeses and concurred by Associate Justices Ma. Theresa Dolores Gomez-Estoesta (Chairman) and Georgina Hidalgo.
On the other hand, the prosecution, in its comment on the duo’s motion for reconsideration, stressed that the Ombudsman had the sole discretion in determining who should be included in the information on the basis of his finding of probable cause.
It added the conspiracy was sufficiently proved by the prosecution; accused’s right to be informed of the nature of accusation against them was not violated; testimonies of the COA Auditing Team from their interviews were independently relevant statements which were admissible in evidence; and it was the accused’s duty as BAC chairman and member to conduct pre-qualification, or eligibility, screening, bidding, evaluation of bids, post qualification, and to recommend the award of the contract.
To recall, in a decision dated Oct. 2, 2020, the anti-graft court sentenced the duo to a maximum of eight years in prison.
They were also perpetually disqualified from holding public office.
Meanwhile, the court acquitted Dr. Patricia Grace Trabado (Provincial Health Officer), Edgar Paghari-on Piansay Sr. (Computer Maintenance Technologist II) and Danny Deocampo Baldemor (Administrative Officer III)./PN
