G.R. Nos. 224720-23 - RICHARD T. MARTEL, ALLAN C. PUTONG, ABEL A. GUIÑARES, VICTORIA G. MIER, AND EDGAR C. GAN, VS. PEOPLE OF THE PHILIPPINES.[G.R. Nos. 224765-68]BENJAMIN P. BAUTISTA, JR., VS. PEOPLE OF THE PHILIPPINES.DECISION - Supreme Court E-Library

Ruling

Accordingly, the vehicles were purchased. The disbursement vouchers for the subject vehicles were signed by Martel and Guiñares in their capacity as Provincial Accountant and Provincial Treasurer, respectively. The subject vehicles and their corresponding purchase price, date of purchase request, and vehicle suppliers, are as follows: Motor Vchicle Brand and Make Purchase Price Date of Purchase Request Supplier Two units of Toyota Hilux P2,500,000.00 January 24, 2003 Toyota Davao City, Inc.(Toyota Davao) One unit of Mitsubishi L300 Exceed P878,919.50 February 18, 2003 Kar Asia, Inc. (Kar Asia) One unit of Ford Ranger P1,000,000.00 July 15, 2003 Ford Davao One unit of Ford Ranger P1,218,000.00 July 15, 2003 Ford Davao The specifics on these purchases were detailed by the Sandiganbayan, thus: The procurement covered in these cases were transacted through and justified as Direct Purchase covered under Sec. 366(d) [of the Local Government Code (LGC)], based on the tenor or as described in the supporting documents involved, such as the Purchase Requests, Purchase Orders, and Awards, in particular. The Purchase Request signed by Bautista for the two units of Toyota SR5 (Exhibit I) dated January 24, 2003, shows at the column Item Description the typewritten words: NOTE: Direct Purchase, and handwritten on the Purchase Order (Exhibit G) dated January 29, 2003, across Mode of Procurement: DIRECT PURCHASE, as well as stamped DIRECT PURCHASE at the bottom of the column Description. The Abstract of Canvass (Exhibit J) is stamped with the words "DIRECT PURCHASE" on the front of the form below the column Name and Description of Article and typewritten under the portion for JUSTIFICATION OF AWARD: SOLE DISTRIBUTOR. The Abstract form was signed by the accused Bautista, Guiñares, Martel, Putong, Mier and Gan. For the Mitsubishi L300 EXCEED DX 2500 DIESEL , the Purchase Request (Exhibit RR) dated February 18, 2003 signed by Bautista, is stamped on the front with "DIRECT PURCHASE" and the Purpose for the request specified as "For the use of the Governor". On the Purchase Order dated February 26, 2003 is typewritten the letters opposite the portion Mode of Procurement: "D.P." The Abstract of Canvass (Exhibit SS) is also stamped Direct Purchase and under the Justification of Award: EXCLUSIVE DISTRIBUTOR, and signed by all the accused. For the two units of Ford Ranger , only one Purchase Request dated July 15, 2003 signed by Bautista was used, designated as PR No. 2752, but one is marked as Exhibits MMM and the other Exhibit CCCC. It indicates under the column Item Description: "Vehicle preferably Ford Ranger XLT 4x4 M/T" at an estimated cost of P2,000,000.00 for both, and below it the words: DIRECT PURCHASE. The Purpose section indicated: "For the use of Governor Benjamin P. Bautista, Jr. and Vice Governor Romualdo C. Garcia". The same exhibits show different stamped entries, aside from the basic typewritten entries and the signatures of officials involved in the pro