FORMER Barugo, Leyte mayor Juliana Villasin has been convicted of graft by the Sandiganbayan in connection with the anomalous procurement of 3,900 liters of liquid fertilizer for P1.95 million in 2004.
In a 62-page decision penned by Associate Justice Michael Frederick L. Musngi, the Second Division found Villasin guilty of circumventing procurement laws by approving the procurement of the fertilizers from Bal’s Enterprises without public bidding and without notifying the municipal government’s Bids and Awards Committee.
Villasin was sentenced to six to eight years imprisonment with additional punishment of perpetual disqualification from holding public office.
Associate Justices Oscar C. Herrera Jr. and Bayani H. Jacinto concurred.
Prosecutors said Villasin approved the use of P1.95 million to pay Ba’s Enterprises for delivering the liquid fertilizer.
However, government auditors noted the failure to hold a competitive public bidding and the manifestation from BAC officials that they were not consulted.
Villasin claimed that she resorted to direct contracting after an invitation sent out to other suppliers was ignored and only Bal’s Enterprises made an offer.
But the court pointed out that the invitation to bid already had the fertilizer brand — Fil-Ocean liquid fertilizer on its face — which is prohibited under RA 9184 or the Government Procurement Reform Act.
Since Bal’s Enterprises was the sole distributor of the brand, the court noted that naming the brand defeated the intent of the law to promote equal competition among the parties.
