FORMER National Irrigation Administration (NIA) chief Carlos S. Salazar has failed to convince the Sandiganbayan to set aside his conviction for one count of graft in connection with irregularities attending the P712.366 million Libmanan-Cabusao Diversion Dam project in 2009.
The Sandiganbayan Fifth Division affirmed its June 24, 2022 decision that found Salazar guilty of violation of RA 3019 or the Anti-Graft and Corrupt Practices Act and meting him six years imprisonment and ordering him to indemnify NIA in the sum of P98.55 million.
Associate Justice Rafael R. Lagos, division chairperson, penned the nine-page resolution that denied the defendant’s motion for reconsideration and sustained the prosecution’s position that the former NIA administrator committed a criminal offense by greenlighting the dam project without the required approval of the National Economic and Development Authority-Investment Coordination Committee (NEDA-ICC).
Associate Justices Maria Theresa V. Mendoza-Arcega and Maryann E. Corpus-Mañalac concurred.
In his appeal, Salazar assigned error on the court for declaring that his issuance of the Notice to Proceed to contractor A.M. Oreta and Co., Inc. to begin work on the dam without waiting for the approval of the NEDA-ICC was attended with manifest partiality, evident bad faith, and/or gross inexcusable negligence.
He argued that there was nothing in Executive Order No. 230 and its guidelines that set the NEDA-ICC approval as a prior condition to the bidding of government projects worth P500 million or higher.
The former NIA chief also challenged the basis for holding him civilly liable for P98,546,884 representing the advance payment to the contractor as he pointed out that he was no longer working with the government and is still recovering from a January 2010 stroke that left him disabled.
However, the Sandiganbayan stood pat on its pronouncement that Salazar is guilty as charged.
“Issuing the Notice to Proceed… despite the absence of the NEDA-ICC approval… constituted gross inexcusable negligence on accused Salazar’s part. There is no cogent reason to disturb the findings in the court’s decision promulgated on 24, June 2022,” the court said.
Based on testimonies of several witnesses, then Regional Development Council chairman Joey Salceda even reminded all agencies and officials involved that the project must undergo evaluation by the NEDA-ICC and must first secure an Environmental Compliance Certificate from the Department of Environment and Natural Resources.
“While the P712,365,607 budget was not entirely disbursed since the project was discontinued due to local community protests… accused’s gross negligence still caused undue injury to the government in the amount of P98,546,884,” the court added.