PROCEEDINGS in graft charges against former Agriculture Secretaries Bernie Fondevilla and Proceso Alcala and their co-defendants will go ahead after the Sandiganbayan upheld the sufficiency of government evidence.
In a resolution promulgated October 27 but released only yesterday, the Sixth Division denied separate motions filed by the accused requesting leave of court to seek outright dismissal of the cases by questioning the prosecution’s evidence.
“After a careful study of the documentary and testimonial evidence of the prosecution, the Court finds that, if unrebutted, the same is prima fade sufficient to support a verdict of guilt against (the) accused,” the Sandiganbayan said.
The nine-page ruling was signed by Associate Justices Sarah Jane T. Fernandez, Kevin Narce B. Vivero, and Zaldy V. Trespeses.
Fondevilla was charged in the first graft case together with former Bureau of Soils and Water Management exec (BSWM) Silvino Tejada, Inspection Committee chairman Uldarico Andal, Procurement Unit head Sonia Salguero, Bids and Awards Committee Rodelio Carating, Diosdado Manalus, Ernesto Brampio; and BSWM officers Ester S. Santos, Arnulfo Gesite, Wilfredo Sanidad, and Rafael Monte, and private defendants Elmer Baquiran and Eduardo Villamor concerning the alleged anomalous procurement of 1,500 shallow tube well (STW) pump and engines with a total value of P116.925 million on April 12, 2010.
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.
On the other hand, Alcala was named in the second graft case involving the purchase of 375 STW pumps and engines worth P29.23 million based on a request by Tejada.
Prosecutors said the transaction was anomalous since the negotiated procurement pushed through when there was no second failed public bidding.
In addition, they noted that only Agricom was invited in the negotiated procurement when another bidder participated during the first failed bidding.
Alcala argued that the Department of Agriculture was not the procuring entity but the BSWM and therefore he should not have been indicted as he was not the head of the procuring entity (HOPE).
Prosecutors countered that HOPE or not, Alcala was the one who approved the disbursement voucher, hence is responsible for the release of P27.48 million public funds and giving unwarranted benefit to Agricom.
Worse, a team of government auditors from the Commission on Audit found that many STW pumps and engines went to waste, having been left undistributed and idle because the supposed beneficiaries did not want them.
Regardless of the denial of the defendants’ motions for leave to file demurrers to evidence, the Sandiganbayan said they can go ahead and file their demurrer to evidence but subject to the legal consequences that it shall be deemed a waiver of their right to present evidence.
