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THE Sandiganbayan Special 2nd Division found guilty for violating
the Anti-Graft and Corrupt Practices Act a former governor of
Quirino Province for entering into a contract of buying
reconditioned heavy equipment instead of brand new ones as
authorized by the Sangguniang Panlalawigan.
In a 13-page Decision of the Anti-Graft Court,
penned by Associate Justice Francisco Villaruz Jr., former Quirino
Governor Josie Castillo-Co was sentenced to 6 years and 1 day to 9
years of imprisonment.
The Sandiganbayan also ordered that Castillo-Co
shall suffer “perpetual disqualification from public office” and
by way of civil liability the accused “is ordered to indemnify the
Provincial Government of Quirino, the sum of P330, 490.78
representing the interest paid to PNB by the provincial government
on the 40-percent advance payment to Nakajima Trading.” The said
advance payment amounted to 62 million yen or 15 million pesos.
The case stemmed on January 11, 1996 when
Castillo-Co as governor of Quirino entered into an agreement with
Nakajima Trading for the purchase of heavy equipment for the
province such as bulldozer, motor grader, wheel loader, backhoe,
dump truck and several others.
Castillo-Co was accused of having entered into a
contract that was grossly disadvantageous to the government because
the equipment bought was reconditioned and not brand new as
authorized by the Sangguniang Panlalawigan.
She was accused that reconditioned equipment was
overpriced and she agreed to the advance payment of 40 percent which
is contrary to Section 338 of the Local Government Code.
The Sandiganbayan ruled that Castillo-Co’s
defense of good faith is not exculpatory since the crime committed
is malum prohibitum and good faith is not a defense.
Aside from Justice Villaruz, the magistrates who
concurred in the ruling are Edilberto Sandoval and Samuel Martires.
-- Jomar Canlas
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