Two ex-DA execs get up to 8 years over overpriced liquid fertilizer purchase

The Sandiganbayan has convicted two former Department of Agriculture (DA) officials of graft in connection with the overpriced purchase of liquid fertilizer in 2004, which was part of the P728-million fertilizer fund scam.

In a 56-page decision dated December 2, the anti-graft court sentenced then-Regional Executive Director Oscar Parawan and Chief Accountant Ma. Perlice Julian, both from DA Region 9, to six to eight years in jail.

The two were convicted for authorizing the transfer of P5 million of public funds to non-government entity Masaganang Ani Para sa Magsasaka Foundation, Inc. (MAMFI) without public bidding, resulting in overpriced purchase of liquid fertilizers.

The P5 million, the court said, was sourced from the discretionary or the Priority Development Assistance Fund of then-Zamboanga del Sur Representative Isidoro Real.

"Accused Parawan performed overt acts by entering into a MOA (Memorandum of Agreement) with  MAMFI based upon the request of accused Real, Jr., without public bidding, and without complying with COA Circular 96-003, and subsequently signing  the checks issued to MAMFI," the Sandiganbayan said.

Julian, on the other hand, signed the disbursement vouchers, the Sandiganbayan added.

"By doing so, she (Julian) certified that the supporting documents are complete and proper and allowed for funds to be released in favor of MAMFI," it said.

The case alleges that Parawan, Julian and their four other co-accused conspired to buy liquid fertilizer worth P800 per 300 ml bottle, which was way higher than the prevailing market price of P190 per 300 ml bottle, leading to a P3.8-million loss on the part of the government.

"There is no cogent reason why the implementation of the FIFIP (Farm Inputs/Farm Implements Program) in the  first district of Zamboanga del Sur did not undergo public bidding. The accused resorted to a negotiated procurement without any showing that the circumstances allow for such," the anti-graft court said.

"Parawan's signature in the MOA, disbursement vouchers and checks and Julian's signature in disbursement vouchers are acts which required their discretion. The court finds the claim of the accused that their acts were done upon the direction of their superior untenable."

In his testimony before the court, Parawan argued that he conducted a verification from the farmer beneficiaries who confirmed receipt of the fertilizers, "with some receiving more than what was allocated, while some received less."

Parawan also told the court that he merely accepted the liquid fertilizer price of MAMFI because it was within the range that he knew of, which was between P100 to P1,000 per 300 ml bottle.

Such reasoning, however, was rejected by the Sandiganbayan.

"On cross-examination by the prosecutor, accused Parawan admitted that it was the first time he came across MAMFI. He confirmed that the  department did not conduct their own canvass of the price of the liquid foliar fertilizer but claimed that the range of the price per bottle of the fertilizer would depend on several factors such as its brand, content, and origin," the Sandiganbayan said.

"Also, there was no schedule of prices in the Department of Agriculture which he could compare with the given price," it added.

The Sandiganbayan also cited Article 342 of the Local Government Code which enjoins public officials to register their objection in writing to be relieved of liability for illegal or improper use or application or deposit of government funds or property by reason of his having acted upon the direction of a superior officer, elective or appointive, or upon participation of other department heads or officers of equivalent rank.

"The accused failed to show that they registered such objection in this case despite knowing the irregularities of MAMFI's accreditation. With their signatures, they have become instrumental in giving MAMFI unwarranted benefits," the Sandiganbayan said.

Parawan and Julian also tried to defend their actions by saying that MAMFI officials should have been included in the graft case for the allegation of conspiracy to commit graft to prosper, but to no avail.

Citing the Anti-Graft and Corrupt Practices Act, the court said a conspiracy to commit graft may be consummated by giving unwarranted benefits to MAMFI.

"The non-inclusion of the officers of MAMFI does not eliminate conspiracy as a mode of commission of the offense. Despite glaring irregularities, the accused still awarded the project to MAMFI and funds were eventually released in its favor," the Sandiganbayan said.

Aside from jail time, the former DA officials were slapped with the penalty of perpetual disqualification from public office and forfeiture  of all their retirement or gratuity benefits under any law.—KBK, GMA Integrated News