The Ombudsman has found probable cause to file graft charges against the municipal mayor of San Francisco, Agusan del Sur and three officials in connection with the allegedly anomalous procurement of a generator set in 2004.
Ordered indicted before the Sandiganbayan were Mayor Jenny de Asis, former municipal engineer Cesar Yu, supply officer Jovito Torrero, and municipal accountant Evelyn Damasco.
De Asis and her co-accused were held liable, among others, for the alleged irregular payment of a reserve power source for the town of San Francisco.
“Investigation revealed that De Asis approved the purchase request for a Komatsu generator set in February 2004 to be used as standby power source for the municipality. Three price quotations were secured, with RAS Heavy Equipment from Quezon City submitting the lowest price of P760,000.00,” the Ombudsman said in a statement.
Upon audit, the Commission on Audit (COA) observed that there was no competitive bidding as a requirement. It was also found that the purchase was overpriced and payment was made in cash instead of check.
“(C)ompetitive bidding being the standard mode of procurement for all procuring entities in the government, the approval or disapproval of all contracts of award rests on the head of the procuring entity (HOPE),” the Ombudsman said in its resolution.
“(A)s the municipality’s HOPE, it was her (De Asis’) duty to insure that all procurement activities in the local government unit were undertaken in full compliance of the law,” it said.
The respondents, by law, have the right to appeal the Ombudsman’s resolution that found them liable under the Anti-Graft and Corrupt Practices Act (Republic Act 3019).