MikeLigalig.com

By Bohol Chronicle

The Sandiganbayan, through its 5th Division, recently cleared former Loon mayor
Wilfredo Caresosa and five co-accused of charges for alleged violation of the
Anti-Graft and Corrupt Practices Act.
 
In a decision penned on July 18, 2008 and promulgated on January 30, 2009, the graft
court found that “the prosecution failed to discharge its burden of proof, hence,
the acquittal of the accused is inevitable”.
 
Earlier, a corollary case arising from the same incident and prosecuted at the
instance of the same complaint against Caresosa, also found the accused not guilty.
The verdict was handed down by the 3rd Division of the Sandiganbayan.
 
A seventh accused, Rosalio Sierras, had his case dismissed after he died while the
case was on trial.
 
The defense of the case was handled by lawyers Artemio Cabatos and Amado Caballero.
 
The prosecution stemmed from the purchase of PVC pipes on credit from E. Butalid
Store sometime in 1998. The purchase, being undertaken on “emergency” was made
without benefit of public bidding.
 
The evidence showed that the improvement project for the Loon Waterworks System,
using the questioned PVC pipes, was actually completed. The project raised the
annual income of the municipal waterworks system from P1.6 million to P3 million and
later propelled to P5 million as more consumers were served.
 
The prosecution claimed overprice in the purchase of the PVC pipes, as well as
irregularity by the absence of public bidding, both constituting violations of RA
3019, the Anti Graft and Corrupt Practices Act.
 
But the court ruled otherwise. There was no convincing evidence of overprice, as the
Commission on Audit (COA), through Atty. Charlita Leopoldo, compared the quotation
of E. Butalid Store in 1998 with those of Cebu suppliers in 1999.
 
The absence of public bidding was justified by the presence of the “El Nino”
phenomenon during the time when the project was undertaken.
 
Further, the court found no injury to the government or any private party, noting
the increase in revenues from the waterworks system after its completion.
 
The Sandiganbayan said, “Atty. Leopoldo’s conclusion that the goods delivered by E.
Butalid Store were overpriced is rather inaccurate… the prosecution’s claim that the
cost paid by the Municipality of Loon to E. Butalid Store for the said goods was
overpriced is totally baseless.”
 
The two cases were leveled against Caresosa and company after he lost the mayoralty
seat of Loon in 1998 to Cesar Tomas Lopez. The latter is now member of the Bohol
Provincial Board.


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