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Ex-PCG chief cleared, 4 guilty in illegal procurement case
By J.Lo
"To meet required threshold for shopping, the amounts indicated in disbursement vouchers were broken into two or three amounts, which are all below P500,000, by purchasing from several suppliers," Sandiganbayan has convicted four former officials of the Philippine Coast Guard (PCG) but cleared four others including former commandant Vice Admiral Rodolfo Isorena in cases filed in connection with irregular procurement of phone cards worth more than P6 million in 2014.
In its 45-page decision dated Jan. 13,2023 the anti-graft court's Second Special Division acquitted Isorena, former deputy chief for comptrollership Capt. Joeven Fabul, former accounting head Rogelio Caguioa and former internal auditor Cdr. John Esplana of charges of violating Government Procurement Reform Act.
Convicted were former PCG deputy chiefs Cdr. Joselito Quintas (three counts), Capt. Ramon Lopez (two counts), Cdrs. William Arquero and Rommel Supangan (one count).
Prosecutors accused former PCG officials of violating procurement law in seven different instances when they split into several transactions single requests for procurement of mobile phone cards.
According to respondents, they resorted to "shopping" as form of procurement of subject cellular cards as it was indicated in PCG's procurement plan.
Shopping is form of procurement in which no public bidding is conducted and that at least three price quotations are obtained from suppliers. This is allowed when there is an unforeseen contingency requiring immediate purchase.
At the time of the transactions, rules stated threshold for procurement via shopping should not exceed P500,000.
In its ruling, the court said contracts were split for the purpose of circumventing threshold.
"Clearly, accused split amounts in DVs to make them fall under limited amount so that they could avail of mode of procurement through shopping and thus avoid procurement through competitive bidding," it stressed.
It ruled conspiracy among accused were not established and that their guilt had to be determined based on their individual roles.
The court said Isorena, Fabul, Caguioa and Esplana could not be held liable for splitting payment despite presence of their signatures in the DVs, saying they relied on their subordinates in good faith when they affixed their signatures.
Supangan, Arquero, Lopez and Quintas were convicted because they acted as special disbursing officers who are claimants of cash advances.
"It cannot be denied that these four accused are ones responsible for splitting of payments, cognizant of the fact threshold for shopping as mode of procurement… they divided the amounts covered by cash advances into two or three payments to different payees or suppliers…payments were made on consecutive dates or on dates close to each other," read the ruling penned by Associate Justice Arthur Malabaguio.
Those convicted were sentenced to imprisonment of six years and one day as minimum to 10 years as maximum per count.
Associate Justice Oscar Herrera Jr. and Presiding Justice Amparo Cabotaje-Tang concurred with decision, while Associate Justices Michael Frederick Musngi and Bayani Jacinto dissented.
In his concurring and dissenting opinion, Musngi said Supangan, Arquero, Lopez and Quintas should have been acquitted because prosecution failed to prove splitting was made to evade competitive bidding.
In his partial dissenting opinion, Jacinto voted to acquit because he believes splitting of purchases do not come within purview of Government Procurement Reform Act.
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