Ex-Batangas lawmaker, DA officials acquitted of graft in fertilizer fund scam

The Sandiganbayan has acquitted former Batangas lawmaker Oscar Gozos and 10 Department of Agriculture (DA) Region 4A officials of graft in connection with the P728 million fertilizer fund scam in 2004.

In a 24-page decision, the antigraft court said government prosecutors failed to prove beyond reasonable doubt that Gozos and the DA officials, using their government post, acted against the government's interest when they purchased P3 million worth of four units of shredder chipper 15 HP (Tornado Brand) in April 12, 2004 from LCV Design and Fabrication Corporation (LCV) led by Remus Villanueva.

The P3 million worth of four units of shredder chipper 15 HP (Tornado Brand) acquired via direct contracting were charged to the Farm Input Fund under the DA's P728 million Ginintuang Masaganang Ani Program.

"In this case, the prosecution failed to convince that accused Villanueva [of LCV] acted in conspiracy with the public officials. The prosecution 's allegation of fatal irregularity in Villanueva's transaction with DA because of Villanueva's signature in Purchase Order No. 264 does not show community of criminal design as it was signed by the accused as a supplier in conforme to the procurement," the Sandiganbayan said.

The antigraft court then cited that the Intellectual Property Office has granted LCV Design a Utility Model Registration valid from the time of its application on February 20 2004, giving LCV Design the right to prohibit an unauthorized person or entity from making, using, offering for sale, selling, or importing the subject Tornado machine without authority.

This registration, Sandiganbayan said, is proof that the Tornado machine is protected intellectual property.

"The prosecution failed to show that LCV Design was not an exclusive dealer or manufacturer. The prosecution [also] failed to show any other entity that manufactures the same or similar machinery that can substitute the Tornado Shredder/Chipper during the time of the procurement," Sandiganbayan said.

"Likewise, the prosecution failed to show that the Tornado machine can be purchased from other sub-dealers selling at lower prices. Finding that the resort to the alternative mode of procurement through direct contracting is proper, no injury was proven," Sandiganbayan added.

The prosecution, Sandiganbayan concluded, failed to prove that public bidding was required in the procurement.

"There is no unwarranted benefit. advantage given to LCV Design as it held a Utility Model Registration at the time of the procurement," Sandiganbayan said.

"Wherefore, for failure of the prosecution to prove the guilt of the accused beyond reasonable doubt, accused Oscar Gozos, Dennis Araullo, Juvylee Obice, Raymundo Braganza, Grover Dino, Lourdes Imperial, Abelardo delos Reyes Bragas, Felix Ramos, Ofelia Montilla and Remus Villanueva are hereby acquitted of violation of Section 3 of the Republic Act 3019 (Anti Graft and Corrupt Practices Act). No civil liability is hereby adjudged," Sandiganbayan added. — BM, GMA News