THE Sandiganbayan first division has found former Sorsogon governor Raul Lee guilty of graft and corrupt practices for his involvement in the P728-million fertilizer fund scam.
In a 33-page decision, Lee was convicted of four counts of graft for the purchase of 133 liters and 2,000 liters of Bio Nature Liquid Fertilizer from Feshan Phils. Inc. through direct contracting.
Lee was sentenced to a minimum of six years and one month to a maximum of 10 years of imprisonment for each count of the graft charges against him.
The First Division also ordered Lee to pay the provincial government a fine of P2,591,595.
The decision was penned by Division chairperson Associate Justice Efren dela Cruz and concurred in by Associate Justices Geraldine Econg and Bernelito Fernandez.
In its decision, the Sandiganbayan said: “The subject 2,133 liters of liquid fertilizers were procured in two batches.
“The first batch for 2,000 liters was purchased on April 16, 2004 as shown by Purchase Request No. 300-04-04-405-A and the second batch for 133 liters was bought on April 22, 2004 per Purchase Request No. 300-04-04-16.
“The fertilizers were procured through direct contracting. There were no documents proving that a public bidding was conducted.”
The Sandiganbayan said the purchase of the liquid fertilizers from the Feshan Phils. Inc. was “unjustified” as there were suitable substitutes available in the market at a lower price.
The Sandiganbayan said: “The Province of Sorsogon spent a total of P3,199,500 (P1,500 per liter) for the 2,133 liters when it could have purchased Bio Nature Liquid at P180 per liter or a total of P383,940 for the 2,133 liters.
“This resulted in a loss to the Province in the total amount of P2,815,560.”
Aside from Lee, also convicted was provincial chief accountant Raul Hernandez, who is reported to have died.
The Sandiganbayan is waiting for the formal notice of his death.
It said: “Accused Lee and Hernandez should be made answerable for the contract. It was all accused Lee’s hand from the procurement to the payment of the subject fertilizers.
“On the other hand, accused Hernandez, by his certification as to the completeness and propriety of the documents supporting the transaction, aided accused Lee in the release of the funds from the Province of Sorsogon’s treasury to Feshan Phils. Inc.”
Meanwhile, Provincial Chief Accountant Ofelia Velasco was acquitted on the ground of reasonable doubt.
“Accused Velasco cannot, however, be deemed liable for certifying as to the availability of cash for the fertilizers because, indeed, there was an available allocation for the expense,” the Sandiganbayan said.
The P728 million was allotted for the purchase of fertilizers for farmers in the country.
However, the amount was allegedly diverted to the 2004 election campaign fund of then President and now Pampanga Rep. Gloria Macapagal-Arroyo.