The Sandiganbayan Third Division has found former San Isidro mayor Requillo Samuya guilty of graft for the anomalous procurement of almost P1 million worth of soil activator some 15 years ago.
In a 41-page decision promulgated on September 6, the anti-graft court sentenced Samuya to a prison term of six years and one month, as minimum, to 10 years as maximum.
Samuya who was also perpetually barred from holding public office was convicted alongside Akame Marketing International representative Edilbero Apostol, who remains at large.
“The Court finds accused Requillo Suaybaguio Samuya guilty beyond reasonable doubt of violation of Section 3 (e) of R.A. No. 3019, as amended,” the court said in the decision penned by Presiding Justice Amparo Cabotaje-Tang, with the concurrence of Associate Justice Bernelito Fernandez and Associate Justice Ronald Moreno.
The case stemmed from the purchase of 812.5 kilos of NBEM-21 Microaid Activator for P975,000. Samuya as mayor and Apostol, according to the Office of the Ombudsman, entered into a contract for the said procurement without the mandatory public bidding.
“To be sure, accused Samuya was serving his second term as mayor when the subject procurement was made. Thus, he knew, or ought to have known, the structures regarding government procurement,” the decision stated.
Although the anti-graft court pointed out that alternative modes of procurement such as direct contracting is allowed under the Government Procurement Reform Act, it was also found out that necessary steps for the undertaking were not taken as well.
“The accused offered nary an explanation on why there was an immediate need for the purchase of the said fertilizers,” the court said.
Meanwhile, the Third Division has ordered the issuance of an alias arrest warrant against Apostol who remains at large.
The case against him was ordered archived by the court and will be revived upon his arrest.