THE Sandiganbayan has found former Maripipi, Biliran mayor Noel Albelda guilty of graft together with 12 other co-accused in relation to the anomalous procurement of P8 million worth of medicines and medical supplies in 2010.
In a 125-page decision penned by Associate Justice Ronald B. Moreno, the Third Division sentenced all 13 defendants to imprisonment for six to 10 years with perpetual disqualification from holding public office.
Presiding Justice Ampato M. Cabotaje-Tang and Bernelito R. Fernandez concurred.
Also convicted were Bids and Awards Committee (BAC) chairperson Wilma Elairon and BAC members Marietta Campollo, Amelia Bacolod, and Sonia Alavera; Technical Working Group (TWG) chair Julio Cairo Jr. and TWG members Sergio Mejarito and Tito Cairo; municipal accountant Michelle Quinte, municipal health officer Mary Grace Llever, state auditor Genelito Balila, and private defendants Jerome Capuyan and Cherel Serato who represented Suremeds Marketing.
Based on the criminal information filed in 2017, the prosecutors said there was rigged bidding for the supply contract because Suremeds received advanced information as shown by its proffer exactly matching the items and quantities that the municipal government included in the bidding documents.
Likewise, the Office of the Ombudsman said payment to Suremeds was released even if the signature of the proper officials were not affixed.
Funding for the procurement was drawn from the Priority Development Assistance Fund (PDAF) allocations of then Rep. Glenn Chong.
In its decision, the anti-graft court noted that the irregularity was shown by the fact that the purchase request was only released on June 15, 2010, much later than the Invitation to Bid which was published on Malaya newspaper on May 21, 2010.
The Sandiganbayan said this established “utter lack of understanding of the importance of transparency in public procurement and ignorance on the proper sequence of procurement activities.”
Auditor Balila was held liable for “sheer inexcusable negligence” as the court noted that he ignored red flags of irregularities in the transaction during audit, including the non-inclusion of the procurement in the municipal government’s annual procurement plan (APP), the antedated documents, absence of evidence of reposting or republication of the change of the date of the opening of bids, lack of performance bond, and the unsigned sales invoice and delivery receipts.
