Vizcaya town mayor appeals graft, malversation conviction

ALFONSO CASTANEDA, Nueva Vizcaya -- Mayor Jerry Pasigian of this town appealed his graft and malversation conviction before the Sandiganbayan Fifth Division in relation to the anomalous purchase of a vehicle back in 2009.

Pasigian was convicted of violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and Article 217 of the Revised Penal Code, or for malversation of public funds or property.

On April 2009, Pasigian gave unwarranted benefits to Gilbert Arellano when he awarded him the contract for the purchase of a 2003 Nissan Patrol with plate number PCJ 777 in the amount of P1,350,000.

The purchase was done without public bidding, and Pasigian even registered the vehicle under his own name instead of the municipality.

After his term ended on June 30, 2013, he failed to return the vehicle to the government.

Pasigan argued in his MR that there was no proof that undue injury was caused to the government and that he gave unwarranted benefits to Arellano.

He said the amount of P1,350,000 cannot be deemed as “undue injury” because the vehicle was actually purchased, and there was no basis of comparison to determine whether it was fair or not.

Should there be a comparison, Pasigan said it would be the difference between the purchase price and the price of bidding – had it taken place.

However, this was not stated in the charge sheet.

“The prosecution, as mentioned earlier, failed to present proof as to the value of vehicles of the same make, model, year and specifications during the time that the subject purchase was made,” the MR read.

“There is thus no basis of comparison and the statement that ‘bidders who may have offered on equivalent item at terms more advantageous to the municipality’ is a mere speculation and conjecture, which would not amount to proof beyond reasonable doubt,” it added.

Pasigan said he acted with good faith when he disregarded public bidding, since the provincial legal officer identified only as a certain Costales, a lawyer, told him it could be dispensed with given the imminent threat upon his life.

He said his knowledge on the procurement law is limited. Had there really been negligence, Pasigan countered it would not amount to gross inexcusable negligence.

At the same time, Pasigan said he caused the vehicle to be listed in properties of the municipality.