THE Sandiganbayan Sixth Division has denied a motion filed by Tabuk City mayor Darwin Estrañero seeking quashal of a graft case filed against him by the Office of the Ombudsman over alleged anomalous procurement of P million worth of medical supplies in May 2020.
In the nine-page resolution penned by Associate Justice Karl B. Miranda with concurrences from Associate Justices Sarah Jane T. Fernandez and Kevin Narce B. Vivero, the anti-graft court held that contrary to the assertion of the accused, the information sufficiently alleges the elements of the crime of violation of Section 3 (g) of RA 3019 or the Anti-Graft and Corrupt Practices Act.
“The Information dated November 28, 2022 is sufficient and complete. Specifically, it states that Estrañero, in his official capacity, entered into grossly and manifestly disadvantageous contracts with various suppliers for the purchase of medical supplies and devices that were grossly overpriced,” the court pointed out.
Based on the calculation of prosecutors, the overprice ranged from 135 percent to 609 percent.
Among the items covered by the procurement were alcohol, nebulizers, oxygen cylinders, thermal scanners, and personal protective equipment.
The biggest price variance was found in the purchase of 500 PPE sets which the city government bought at P2,440 each against the price ceiling set by the Department of Health (DOH) of only P400.50 — a 609 percent jack up.
Investigators also found 200 sets of hazardous material (hazmat) gear supposedly worth only P210 each but was paid for by the city at P1,150 per piece for a 548 percent price difference.
In his motion, Estrañero said the transaction took place during a health crisis due to the COVID-19 pandemic.
He argued that the price freeze implemented through the joint memorandum circular No. 2020-01 of the Department of Trade and Industry, Department of Agriculture, and the DOH was superseded by the Bayanihan to Heal as One Act which took effect on March 23, 2020.
Estrañero added that the city residents benefitted from the available medical supplies contrary to the allegation that the procurement was disadvantageous to the government.
In denying the defense motion, the Sandiganbayan sustained the prosecution’s argument that the grounds raised by the accused mayor was a challenge for lack of probable cause which was an improper basis for a motion to quash.
“In effect, he is seeking the authority of the court to review and possibly reverse the findings of the Office of Ombudsman against him. The relief prayed for by Estrañero, however, is no longer allowed under the Revised Guidelines for Continuous Trial of Criminal Cases,” the Sandiganbayan said.
Regardless, the court pointed out that it had already evaluated the records and found probable cause for the issuance of a warrant of arrest against the accused.
However, Estrañero succeeded in halting the proceedings for 60 days as the Sandiganbayan noted his pending motion for reconsideration with the Ombudsman which he filed on August 15, 2023, the same day the graft case reached the court.
“To give the Office of the Ombudsman sufficient time to resolve Estrañero’s partial motion for reconsideration and for purposes of orderly proceedings, the court deems it best to defer the arraignment of the accused and suspend its proceedings,” the court added.
