THE Sandiganbayan Sixth Division has affirmed the conviction of six provincial officials of Aurora in 2024 on a graft charge involving alleged irregularities in the award of an infrastructure contract in 2014.
In a resolution issued on February 27, 2025, the anti-graft court denied three separate motions for reconsideration filed by former provincial budget officer Paz Torregosa, Bids and Awards Committee (BAC) chairman Ricardo Bautista, provincial administrator Simeon de Castro and BAC members Norma Clemente, Isaias Noveras Jr. and Benedicto Rojo.
All six were pronounced guilty of violating Section 3 (e) of the Anti-Graft and Corrupt Practices Act (RA 3019) and sentenced to imprisonment of up to 10 years during the promulgation of judgment on September 4, 2024.
Likewise convicted were former Governor Gerardo Noveras and private contractor Manding Claro Ramos of RMCR Construction.
Based on the information filed in 2018 by the Office of the Ombudsman, prosecutors said the public bidding was rigged to favor RMCR Construction to win the contracts for the repair of the Dimalang bridge approach of Casiguran-Dilasag provincial road and repair of a road section of the Casiguran-Dilasag provincial road.
Graft investigators said works on the projects were already implemented and almost completed even before the procurement process was concluded.
While the provincial government issued the Notices to Proceed to RMCR only on Aug. 15, 2014, just three days later, an accomplishment report dated Aug. 18, 2014 declared both projects “100 percent complete.”
In their appeal, the defendants contested the court’s pronouncement that there was proof beyond reasonable doubt in support of their conviction.
They argued that conspiracy was not proven; there was a dearth of evidence to support the imputation of evident bad faith, manifest partiality, or gross inexcusable negligence; and insufficient proof of unwarranted benefits, advantage, or preference extended to the contractor.
The court, however, disagreed on all points, noting that these were the same arguments the accused officials already raised during trial proper, which were traversed by the assailed decision.
“After a review of the records of the case and the arguments raised …, the Court denies the three motions for reconsideration. The matters raised are a mere rehash and repetition of the issues and arguments which have been considered and passed upon by the court,” the Sandiganbayan said.
It pointed out that the timeline of the public works projects clearly established that the LGU officials acted with manifest partiality in favor of the contractor since the Notice to Proceed issued on August 15, 2024 was the exact same date when the works were supposedly completed according to the Accomplishment report dated August 18, 2024.
“The totality of the accused’s acts resulted in the government being defrauded. When put together, the actions of all the accused revealed their plan to allow RMCR Construction to be chosen without the benefit of a public bidding,” the court added.
