Anomalous awarding of projects
By Jeffrey Damicog
ALFONSO CASTANEDA, Nueva Vizcaya -- The Sandiganbayan Third Division
sentenced a former town mayor here to at least eight years imprisonment for
anomalous awarding of building projects to his own construction firm in 1999.
In a 60-page decision, the anti-graft court held a special division and
found former Alfonso Castaneda Mayor Alfredo Castillo Jr. guilty of violating
Section 3(h) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act) and
for the crime of falsification of public documents under Article 171 of the
Revised Penal Code (PRC).
For violating RA 3019, Castillo was meted with imprisonment ranging from
six years and one month up to 10 years.
Apart from this, he is also perpetually disqualified from holding public
office.
On the other hand, Castillo and his co-accused, former councilor Andres
Camania, were sentenced a jail term of a minimum of two years, four months and
one day up to a maximum of eight years and one day.
The decision was penned by Presiding Justice Amparo Cabotaje-Tang and
concurred by Associate Justices Alex Quiroz, Oscar Herrera Jr., and Sarah Jane
Fernandez. Associate Justice Samuel Martires had a dissenting opinion.
In its decision, the court said that the prosecution was able to
establish that “Castillo was among the incorporators and stockholders of the
Lotus Designs as shown by the latter’s AOI (Articles of Incorporation) which
was submitted to the (Securities and Exchange Commission (SEC).”
“Based on the aforesaid evidence, it is undeniable that accused
Castillo, as then chairperson of the PBAC (Pre-Qualification Bids and Awards
Committee) of the Municipality of Alfonso Castaneda, awarded the contracts for
the construction of the gymnasium and the Lublub-Dibilit Road to Lotus Designs
where he is a registered incorporator and stockholder,” read the ruling.
“In doing so, he violated Section 3(h) of R.A. No. 3019 considering that
he had a direct financial or pecuniary interest in the contract that he
approved as mayor and chairperson of their municipality’s PBAC in favor of
Lotus Designs,” the decision stated.
The anti-graft court said bidding documents were prepared and submitted
to make it appear that the contract complied with the laws and rules on
government procurement.
“Documentary and testimonial evidence indubitably established that no
public biddings were conducted,” the court said.
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