THE Sandiganbayan has affirmed its June 25, 2021 decision that pronounced former PNP chief Jesus Verzosa and five other retired ranking officials of the police force guilty of one count of violation of Section 3 (e) of RA 3019 or the Anti-Graft and Corrupt Practices Act.
In a 23-page resolution issued July 19, 2022, the anti-graft court’s Third Division denied motions for reconsideration filed by Verzosa, Lt. Generals (ret.) Benjamin Belarmino Jr. and Jefferson Soriano, Maj. Generals (ret.) Luizo Ticman and Romeo Hilomen, and Brig. General (ret.) Villamor Bumanglag seeking reversal of the decision that sentenced them to six to eight years imprisonment with perpetual disqualification from holding public office.
Associate Justice Bernelito R. Fernandez penned the ruling, with Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Ronald B. Moreno concurring.
The appeal challenged the court’s finding that the accused conspired to give unwarranted benefit, advantage, and preference to suppliers EnviroAire Inc, Geneve SA Corp., and Bay Industrial Phil. in connection with the P131.55 million procurement of rubber boats and outboard motors in 2009.
Based on evidence presented by the team of Ombudsman prosecutors during trial, the Zodiac FC 470 Futura Commando rubber boats intended for disaster response and rescue were unusable because they were incompatible with the Mercury 60hp outboard motor.
Although Verzosa invoked good faith in approving the contract, saying he relied on the recommendation of the PNP Bids and Awards Committee (BAC) and the Inspection and Acceptance Committee, the court said he played a bigger role as head of the procuring entity than merely affixing his signature.
“While he was not be expected to actually determine the eligibility of the suppliers nor personally test the procured PRBs (police rubber boats) and OBMs (outboard motors), he had …discretion of acting on recommendations of the BAC as well as effecting payments,” the Sandiganbayan pointed out.
Likewise, considering the amount involved, the court said the top PNP official was expected to “exercise of extra diligence.”
Soriano. Ticman, Hilomen, Belarmino, and Bumanglag, as members of the National Headquarters BAC, were the ones who recommended that the outboard motors be purchased separately from the rubber boats, resulting in compatibility issues.
Regardless of the fac that the PNP resorted to a negotiated procurement, the court said that the NHQ-BAC had the obligation to ascertain that the chosen suppliers were compliant in the technical, financial and legal eligibility requirements.
“Wherefore, finding no cogent reason to disturb the assailed Decision promulgated on June 25, 2021, this Court hereby denies the following (motions for reconsideration) for lack of merit,” the Sandiganbayan said.
