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Sandiganbayan convicts two ranking Air Force officials for unlawful sale of caterpillar generators
23 May 2011, source: Ombudsman Website
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The Sandiganbayan convicted two ranking Air Force officials of graft charges for the unlawful sale of four caterpillar generators for P800,000 in 2002.

          In a 47-page Decision, the 3rd Division of the Sandiganbayan found B/Gen. Vladimir Binondo delos Trino, Wing Commander, 2nd Tactical Operations Wing (TOW), Phil. Air Force (PAF); and Major Antonio Jason Garcia, PAF Squadron Commander, 564th Supply Squadron, 2nd TOW, PAF; guilty beyond reasonable doubt of Violation of Sec. 3(e) of RA 3019 (Anti-graft and Corrupt Practices Act) and Art. 217 of the Revised Penal Code (Malversation of Public Funds).

          The two PAF officials were each sentenced from 18 – 27 years imprisonment and a fine of P1.2M. They were also sentenced to suffer the penalty of perpetual disqualification from public office, and were ordered to pay and indemnify, jointly and severally, the government the amount of P1.2M.

           Records showed that the four unserviceable units of Generator Caterpillar Backup Power were turned over to the 2nd TOW, PAF of the Mactan Air Base in Lapu-lapu City sometine in 1995 or 2000.

           However, on December 14, 2002, following B/Gen. Delos TRino’s instructions, Major Garcia gave orders for the preparation of  a “Tally Out Sheet for the backup generators”. The said equipments were taken of the Mactan Air Base on the same day, and were later sold to a certain Antonio Ularte for “the consideration of P800,000.00 when there had been an offer of P1,200,000.00 for the same”.

           During trial, prosecutors led by Prosecutor Gay Lubigan-Rafael presented documents which showed that that the taking was done without authority and public bidding as required under National Budget Circular No. 425 which states that “ as a general rule, the disposal of government property shall be done by public bidding.” PAF  Material Directive No. 4S-14 dated August 30, 1993 (Disposal of Republic and Non-Republic Property and Utilization of the Income Derived Therefrom) also contains the same provision.

           In its Decision, the anti-graft court noted that “the sale took place in B.Gen. Delos Trino’s office right after Ularte and his companions had inspected the generator sets”. It said since Delos Trino has no authority to dispose of such generators, he should have obtained “an authorization from the official concerned, such as the Secretary of National Defense of from the unit accountable for the generators, which would be the Military Supply Unit VII.”

           It further stated that through the illegal sale of the four generators, the government lost P1.2M.

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