14/11/2024
The Supreme Court has ruled that a violation of procurement laws by public officers will not automatically result in a conviction under Republic Act No. 3019, also known as the Anti-Graft and Corrupt Practices Act. It is required that all elements of graft be proven beyond reasonable doubt, not just the deficiencies in the procurement process.
The Court acquitted Davao City Water District (DCWD) officials Arnold D. Navales, Rey C. Chavez, Rosindo J. Almonte, Alfonso E. Laid, and William V. Guillen of violating Section 3(e) of Republic Act 3019 for dispensing with competitive public bidding in DCWD’s water supply project.
To fall under Section 3(e) of RA 3019, a procurement violation must be done in bad faith, with manifest partiality or inexcusable negligence harming a party, including the government, or giving another undue preference, or giving any private party any unwarranted benefits.
The Court found that petitioners merely recommended to the DCWD Board of Directors the award of contract to the supplier. It was the DCWD Board which had the authority to approve and award the contract.
While there might have been irregularities in the procurement process that violated procurement laws, there was no evidence showing petitioners were motivated by manifest partiality or bad faith.
Instead, petitioners resorted to a negotiated contract believing it is allowed as an exceptional case given the urgency of the procurement and the lack of qualified bidders.
The Decision was from the Supreme Court’s First Division written by Associate Justice Jose Midas P. Marquez.
Read the full text of the press release: https://sc.judiciary.gov.ph/sc-violation-of-procurement-law-not-an-automatic-conviction-for-graft/
Read the full text of the Decision: https://sc.judiciary.gov.ph/219598-220108-arnold-d-navales-rey-c-chavez-rosindo-j-almonte-and-alfonso-e-laid-vs-people-of-the-philippines-william-velasco-guillen-vs-people-of-the-philippines/
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