FOR skirting the rules on hiring a consultant for a local government project 13 years ago, incumbent Bucloc, Abra Mayor Gody Cardenas is now facing six years imprisonment after the Sandiganbayan Third Division found him guilty of one count of violation of the Anti-Graft and Corrupt Practices Act.
Presiding Justice Amparo M. Cabotaje-Tang penned the 66-page decision that pronounced the local chief executive guilty beyond reasonable doubt of the criminal charge filed in 2020, sentencing him to six to ten years imprisonment with perpetual disqualification from holding public office.
Associate Justices Bernelito R. Fernandez and Ronald B. Moreno concurred.
Based on the information filed by the Office of the Ombudsman, Cardenas was accused of giving unwarranted benefits and advantages to Cordillera Highland Agricultural Resource Management Project (CHARMP) consultant Emma Leah Joy Andaya, who was appointed to the post without competitive public bidding.
Cardenas, testifying in his own defense, claimed he did not appoint Andaya, adding he signed a contract of professional services with her because the project needed someone with experience and expertise. He said the consultant was recommended by the elders of a local tribe in Bucloc.
The mayor added that he was not aware that he violated any rule as he had even sought advice from a government auditor regarding the process of hiring a consultant.
However, the Sandiganbayan held that all the elements of the graft charge were established based on documentary and testimonial evidence presented during the trial.
It noted that the hiring of the consultant did not undergo the required public bidding and the mayor approved the release of public funds despite such irregularity.
“As it stands, there is absolutely no showing that the selection of Andaya as a consultant for the local government of Bucloc, Abra underwent competitive public bidding or any of the alternative methods of procurement,” the court pointed out.
By his own admission, Cardenas disclosed that at the time material to the case, Bucloc had not constituted its Bids and Awards Committee.
The court pronounced as “unbelievable” the statement of Cardenas that he was not familiar with the existence of the Government Procurement Reform Act (RA 9184) and the need to constitute a BAC since the law took effect on January 26, 2003 — more than eight years before the hiring of the consultant.
“It is evident from the records of this case that apart from Andaya, accused Cardenas did not consider other candidates in the hiring of a consultant for the CHARMP2 program of the said municipality. He handpicked Andaya as the consultant of the CHARMP2 program of the municipality without undergoing a complete and thorough evaluation of her supposed qualification,” the court added.
