FORMER Agriculture Secretaries Bernie Fondevilla and Proceso Alcala have been acquitted by the Sandiganbayan of graft charges filed against them six years ago about alleged irregularities in the procurement of pumps and engines for crop irrigation in 2010.
In a 137-page decision promulgated May 22, 2025, the anti-graft court’s Sixth Division held that while it found deviations from the procurement standards attributable to the defendants, these did not amount to a criminal offense.
Likewise acquitted were former Bureau of Soils and Water Management (BSWM) Silvino Tejada, Procurement Unit head Sonia Salguero, Bids and Awards Committee Rodelio Carating, Diosdado Manalus, and Ernesto Brampio; BSWM officers Ester S. Santos, Arnulfo Gesite, Wilfredo Sanidad, and Rafael Monte, and private defendants Elmer Baquiran and Eduardo Villamor
The cases involved alleged unwarranted advantage or preference given to agriculture equipment supplier Agri Component Corp. (Agricom) in the procurement of 1,500 shallow tube well (STW) pump and engines with a total value of P116.925 million in the first contract in April 2010 under Fondevilla and P27.48 million relative to the second contract in September 2010 under Alcala.
Fondevilla was the Secretary of the Department of Agriculture from March to June 2010 under the Arroyo administration.
Graft investigators from the Office of the Ombudsman said the contract was awarded to Agricom via negotiated procurement while the second transaction pushed through even if there was no second failed public bidding.
They questioned why only Agricom was invited to the negotiated procurement when another bidder participated during the first failed bidding.
In acquitting the defendants, the court gave weight to the testimony of BSWM field officers that a fast response was required since the agricultural sector was at risk from the impact of a severe drought, with feared losses amounting to billions of pesos.
“There is nothing from which we may infer dolus malus (bad faith) from the specific violations of the procurement statutes referred to in these cases. Deviations per se do not give rise to criminal liabilities under other statues since they do not by themselves prove dolus malus,” the Sandiganbayan pointed out.
It said the DA officials were able to prove that there was a necessity in the form of urgency to an imminent danger that justified resorting to nonstandard procedures.
“It was a judgment call …and for good reason. Occasionally, extraordinary circumstances demand out-of-the-box thinking, if not emergency measures. Otherwise, everything will be for naught,” the court added.
Moreover, it noted that the accused members of the Bids and Awards Committee (BAC) secured the most advantageous price for the government from a supplier of proven good standing.
“Suffice it to say that it was a square deal and the government got value-for-money. Hence, neither Agricom nor its incorporators …reaped any unwarranted benefit, advantage or preference. Rather, they promoted the greater good,” the Sandiganbayan said.
