The Sandiganbayan Sixth Division has affirmed the guilty verdict against six officials of Aurora province for unlawfully awarding an infrastructure contract in 2014, violating Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act). In a resolution dated February 27, the anti-graft court dismissed the motions for reconsideration filed by the convicted officials, reiterating that their actions constituted “manifest partiality” and caused undue injury to the government.
Convicted Officials and Legal Basis
The defendants, including:
- Provincial Administrator Simeon de Castro,
- Former Budget Officer Paz Torregosa,
- Bids and Awards Committee (BAC) Chair Ricardo Bautista, and
- BAC members Norma Clemente, Isaias Noveras Jr., and Benedicto Rojo,
were sentenced to 6–10 years imprisonment in September 2023. The court found them guilty under RA 3019, Section 3(e), which prohibits public officials from acting with “manifest partiality, evident bad faith, or gross inexcusable negligence” to benefit private parties or harm public interest.
The defendants challenged their conviction, claiming insufficient evidence to meet the “beyond reasonable doubt” standard required in criminal cases (Rule 133, Section 2, Revised Rules of Court). They denied conspiring to rig the bidding process for RMCR Construction, a contractor awarded repairs on the Dimalang Bridge Approach and Casiguran-Dilasag Provincial Road.
The Sandiganbayan, however, dismissed their appeals as “mere rehash[es]” of prior arguments. It emphasized that the timeline of the project itself proved irregularities:
- A Notice to Proceed was issued to RMCR Construction on August 15, 2014, while an accomplishment report dated August 18, 2014 falsely claimed the projects were “100% complete.”
- This overlap violated Republic Act No. 9184 (Government Procurement Reform Act), which mandates competitive public bidding and prohibits premature project execution (Section 10, RA 9184).
Evidence of Collusion and Legal Precedent
The court noted that the officials’ actions “resulted in the government being defrauded,” highlighting a deliberate scheme to bypass competitive bidding. Prosecutors from the Office of the Ombudsman(which filed charges in 2018 under its mandate under RA 6770, The Ombudsman Act) proved that RMCR Construction began work before procurement formalities concluded.
This aligns with established jurisprudence where courts invalidate contracts awarded without genuine competition. The Supreme Court ruled that deviations from procurement laws constitute graft under RA 3019 when they exhibit “manifest partiality.”
The case highlights systemic flaws in local procurement processes. As the court observed, the officials’ actions deprived the government of fair pricing and quality safeguards—core principles of RA 9184.