The Supreme Court has affirmed the graft conviction of former Lazi, Siquijor Mayor Orville Fua and several local officials over the anomalous procurement of fertilizers valued at more than ₱4.9 million.
In a decision authored by Associate Justice Amy Lazaro-Javier, the High Tribunal’s Second Division sustained the Sandiganbayan’s verdict finding Fua, former municipal officials Rose Marie Tomogsoc, Natalio Bongcawel Jumawan Jr., and Sue Agnes Castillon, alongside private individual Merlyn Estallo Lu, guilty of violating Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act.
The case stems from 2004, when Fua signed a purchase request for farm supplies under Lazi’s Fertilizer Program following an ₱8 million fund transfer agreement with the Department of Agriculture.
The local government subsequently awarded the procurement contract to Mangopina Trading, Inc., represented by Lu.
Investigative findings from the Office of the Ombudsman revealed that the municipal government failed to invite alternative suppliers or publish the bidding process in a newspaper of general circulation. Additionally, the Commission on Audit cited critical procedural lapses, including the absence of a Special Allotment Release Order and lack of proof that a pre-bid conference took place.
In sustaining the conviction, the High Court held that all elements of graft were established, noting that the public officers extended unwarranted favor to Mangopina, resulting in undue advantage to a private entity.
The tribunal highlighted that Fua and Tomogsoc approved the purchase request and certified the availability of funds prior to the formal execution of the agreement with the Department of Agriculture and months before the actual release of funds, rendering their actions devoid of legal basis.
The court further detailed severe irregularities in the bidding process, observing that the Bids and Awards Committee conducted its evaluation, issued its recommendation, approved the transaction, and released the purchase order all within a single day.
Furthermore, supplier Mangopina was legally unqualified to participate, as its mayor’s permit renewal fees were unpaid and its distributor license had expired.
Fua and his co-accused face up to 10 years in prison alongside a perpetual disqualification from holding public office.