Sandigan clears Zambo Sur’s ex-gov of graft in P30-M purchases
PAGADIAN CITY—The anti-graft court has absolved former Zamboanga de Sur Gov. Aurora Cerilles of wrongdoing in several procurement transactions amounting to over P30 million during her time as the province’s chief executive.
The most recent one involved P8.6 million worth of furniture and fixtures bought in 2009 through 45 purchase requests.
The ruling was released at a time when Cerilles, 75, is set to run as representative for the second congressional district of the province in next year’s midterm elections against reelectionist Rep. Jeyzel Victoria Yu.
Cerilles, along with nine other local officials, were accused of circumventing Republic Act No. 9184 or the Government Procurement Reform Act by splitting the entire procurement activity into small purchases in order to forgo the need for public bidding, and allegedly curry favor for a designated supplier.
Each of the 45 purchase requests totaled below the bidding threshold of P500,000, hence, shopping was resorted to, with five potential suppliers asked to submit their price offers.
In a decision promulgated on Oct. 9, 2024, and released this week, the Sandiganbayan Second Division ruled that there was clearly splitting of the purchases to evade public bidding. But this did not connote that the provincial government was disadvantaged in the price offers it got, given that five suppliers were asked to submit price quotes.
The court also said that the prosecution failed to establish that Cerilles favored the lone supplier that cornered all 45 purchases of the provincial government.
The ruling was penned by Associate Justice Geraldine Faith Econg, Second Division chair, and concurred in by Associate Justices Edgardo Caldona and Arthur Malabaguio.
Exclusive distributor
In another charge of wrongdoing in the purchase of a CT scan machine in 2007, also without public bidding, the court’s Third Division found Cerilles innocent of the accusation.
An earlier ruling, promulgated on Aug. 30, 2024, found that the procurement was recommended to be done via direct contracting instead of public bidding as there is an exclusive distributor for the machine, which was bought for P27 million.
The court also noted that there was no evidence to back the claim there was some P2.5 million overpayment. The available documents showed that the supplier was paid around P25 million, after taxes were deducted from the contract price when paid.
The Aug. 30 ruling was penned by Associate Justice Bernelito Fernandez and concurred in by Presiding Justice Amparo Cabotaje-Tang and Associate Justice Ronald Moreno.
