THE Sandiganbayan has sentenced three former officials of the Department of Social Welfare and Development (DSWD) Region 12 to six to eight years imprisonment and ordered to pay P5.78 million as civil liability over irregularities in the procurement of medical supplies 19 years ago.
In a 28-page decision issued June 18, the anti-graft court’s Sixth Division convicted former DSWD Region 12 director Kunesa Sekak and Bids and Awards Committee (BAC) members Fatima Abobakar and Jesus Flores for violation of Section 3 (e) of RA 3019 of the Anti-Graft and Corrupt Practices Act.
Associate Justice Karl B. Miranda penned the ruling, concurred in by Associate Justices Sarah Jane T. Fernandez and Kevin Narce B. Vivero.
Based on the information filed in 2011, the defendants were accused of awarding a P5.78 million supply contract to Pharmazel, Inc. on December 21, 2001 without conducting a competitive bidding.
The defense claimed an alternative mode of procurement was resorted to because the transaction was emergency in nature.
It added the accused DSWD officials also canvassed other potential suppliers to secure the best prices.
In rendering a guilty verdict, the court said the prosecution evidence established conspiracy and the participation of each defendant in criminal offense.
The court noted that none of the defendants submitted proof that the President declared a state of emergency at the material time to justify direct contracting in lieu of a competitive public bidding.
It also noted that the evidence presented indicated that the purchase of medicines from Pharmazel Inc. was already accomplished even before the supposed canvass of cost.
“In sum, there was clearly evident bad faith and manifest partiality on the part of accused, Sekak, Abobakar, and Flores. They did not follow the requirements …for the procurement of medicines,” the Sandiganbayan declared.
