SC Upholds Graft Conviction of Ex-Lazi Mayor, 4 Others

MANILA, Philippines — The Supreme Court has upheld the conviction of former Mayor Orville Fua of Lazi town, Siquijor province, and four others for graft in connection with the irregular procurement of fertilizers worth more than P4.9 million in 2004. The high tribunal’s Second Division, in a decision promulgated on Jan. 22, but made public only on Tuesday, affirmed the 2023 ruling of the Sandiganbayan that found Fua and former Lazi officials Sue Castillon, Natalio Jumawan, Jr., Rose Marie Tomogsoc, guilty beyond reasonable doubt of violating Sec. 3(e) of the Anti-Graft and Corrupt Practices Act. Castillon was the municipal engineer and a bids and awards committee (BAC) member, Jumawan was the municipal treasurer and also a BAC member, and Tomogsoc was the municipal accountant. Also convicted of the same offense was Merlyn Lu of Mangopina Trading, Inc., the winning bidder in the fertilizer procurement. They were meted a prison term of up to 10 years and were perpetually disqualified from holding public office. The Supreme Court said that the transaction failed to undergo the mandatory pre-procurement conference as the cost of the fertilizers exceeded the threshold under bidding rules. The high court also ruled that Mangopina was not eligible to supply the fertilizers as it had a bad record in government transactions, failing to pay for the renewal of mayor’s permit or license in 2003 and 2004. It was also running on a license that expired in 2022, it noted. “In other words, Mangopina was granted unjustified benefit despite its sheer lack of qualifications and patent multiple disqualifications,” read part of the 18-page decision penned by Associate Justice Amy Lazaro-Javier.