Violation of procurement law not conviction for graft — SC

Public officials who violate the procurement law will not be automatically convicted for graft, the Supreme Court (SC) has ruled.

In an 18-page decision, the First Division acquitted five members of the Davao City Water District (DCWD), some of whom are also members of the Pre-Bidding and Awards Committee- B (PBAC-B), of violating Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act.

"To convict them for violating the special penal law, the prosecution must prove beyond reasonable doubt not only defects in the procurement, but also all the elements of the crime," the SC said.

According to the court, the DCWD Board of Directors approved the general manager's recommendation to directly negotiate with a company for the drilling phase of a water supply project.

The PBAC-B waived the advertisement requirement for the bidding and invited accredited well drillers to participate. It then recommended awarding the project to the company through a negotiated contract.

Due to this, the Sandiganbayan found them guilty of graft, leading to their present petition before the SC.

In its ruling, the SC found that the five individuals merely recommended the awarding of the contract and it was the board which had the authority to approve and award the contract.

"While there might have been irregularities in the procurement process that constituted as violations of procurement laws, there was no evidence to prove that petitioners were especially motivated by manifest partiality or evident bad faith," it said.

The decision was promulgated in August but published only Friday, Nov. 8. — VDV, GMA Integrated News