BAGUIO CITY November 12 – Ombudsman Conchita Carpio Morales directed the filing of an Information for violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) against officials of Bakun, Benguet for the anomalous purchase of P1.9 million worth of Nutro Ocean Liquid Fertilizers from barangay Cin Enterprises (BCE) in 2004. Facing indictment before the Sandiganbayan are former Mayor Bartolome Sacla, Sr., Municipal Treasurer Manuel Bagayao, Municipal Accountant Virginia Kigisan and Dolly Villaflor of BCE.
The 19-page Resolution narrated that in 2004, the municipality of Bakun received the amount of P1.95 million from the Department of Agriculture (DA) as part of the Farm Inputs and Farm Implements Program (FIFIP). The FIFIP formed part of the alleged P728 million fertilizer fund scam in 2004.
Records show that the municipality used the funds to buy 1,300 bottles of Nutro Ocean Fertilizers at P1,500.00/bottle from BCE, a company located in Quezon City. The inspection and payment for the supplier was made on 07 May 2004 even if actual delivery was made only on 14 May 2004.
In its audit, the Commission on Audit (COA) found that there was no public bidding conducted as the municipality did not create its Bids and Awards Committee; the fertilizers were grossly overpriced by as much as P1.74 million; based on COA’s market probe, suitable fertilizers were readily available at the market at much lower prices; and that the products delivered were substandard and not registered with the Fertilizer and Pesticides Authority.
As a result, the COA issued a Notice of Disallowance in January 2006.
“All these circumstances showed that public respondents, in conspiracy with Dolly Villaflor, acted with manifest partiality and gross inexcusable negligence in the procurement of nutro ocean fertilizers thereby causing undue injury to the municipality of Bakun and giving unwarranted benefit, advantage and preference to barangay Cin Enterprises and/or Dolly Villaflor,” stated the Resolution.
Section 3(e) of R.A. No. 3019 penalizes any public official who, by his official functions, causes undue injury to the government through manifest partiality, evident bad faith and gross inexcusable negligence. It covers private individuals who collude or conspire with public officials.
