Ex-Ilocos mayor convicted of illegal buy, acquitted of graft

PASUQUIN, Ilcos Norte — The Sandiganbayan Fifth Division has convicted former Pasuquin Mayor Victoria Andrea Peralta Aguinaldo and her husband, Oscar Dancel Aguinaldo, of their breach of conduct charge in relation to the irregular purchase of diesel fuel back in 2012.

They were both sentenced to pay a fine of P5,000 each.

Meanwhile, they were both acquitted of their graft charge in relation to the same case due to the failure of the prosecution to prove their guilt beyond reasonable doubt.

The two of them were charged for violation of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and Sec. 7(a) of R.A. 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees.

The case stemmed from the municipality’s purchase of 2,600 liters of diesel worth P123,500 from North Metro Gasoline Station owned by Oscar.

In order to secure a conviction of graft, the anti-graft court said that they needed to prove that the procurement of the 2,600 liters of diesel required the conduct of competitive bidding.

However, based on the testimonies of the prosecution witnesses, the court determined that “there is complete absence of any testimony that the procurement of 2,600 liters of diesel was required to be done through competitive bidding.”

One of the witnesses even testified that for purchases of gasoline and oil products, it was normal for the municipality to employ the shopping method.

The same cannot be said of their breach of conduct charge, which the prosecution managed to prove. The court likewise relied on what is stated in R.A. 6713, which prohibits officials from having any direct financial or material interest in public transactions.

So whether or not Victoria acted in good or bad faith in approving the transaction is “immaterial” in this case, the court ruled, since “mere possession of the prohibited interest is sufficient to incur criminal liability.”

“Oscar Aguinaldo’ s supplying the diesel fuel to the Municipality of Pasuquin, despite his knowing that his wife was the approving authority infers that he was a willing participant in violating Section 7(a) of R.A. 6173. The evidence therefore fully establishes their guilt,” the decision read.

The 29-page decision was written by Chairperson Rafael R. Lagos with the concurrence of Associate Justices Maria Theresa Mendoza-Arcega and Maryann Corpus-Mañalac.