The Sandiganbayan has convicted two former officials of the Department of Agriculture for graft in connection with the overpriced purchase of liquid fertilizer in 2004.
The anti-graft court meted out a six to eight year jail term to then-Regional Executive Director Oscar Parawan and Chief Accountant Ma. Perlice Julian of DA Region 9.
Parawan and Julian were convicted for authorizing the transfer of P5 million to a non-government entity, the Masaganang Ani Para sa Magsasaka Foundation, Inc. (MAMFI), without public bidding, resulting in overpriced purchase of liquid fertilizers.
The P5 million, the court said, was sourced from the discretionary or the Priority Development Assistance Fund of then-Zamboanga del Sur Representative Isidoro Real.
The amount was part of what would eventually be known as the P728-million fertilizer fund scam.
“Accused Parawan performed overt acts by entering into a MOA (Memorandum of Agreement) with MAMFI based upon the request of accused Real Jr., without public bidding, and without complying with COA Circular 96-003, and subsequently signing the checks issued to MAMFI,” the Sandiganbayan said.
Julian, on the other hand, signed the disbursement vouchers, the court added.
“Parawan’s signature in the MOA, disbursement vouchers and checks and Julian’s signature in disbursement vouchers are acts which required their discretion. The court finds the claim of the accused that their acts were done upon the direction of their superior untenable.”
In his testimony before the court, Parawan said he accepted the liquid fertilizer price of MAMFI because it was within the range that he knew of, which was between P100 to P1,000 per 300 ml bottle.
The Sandiganbayan, however, rejected his argument.
“On cross-examination by the prosecutor, accused Parawan admitted that it was the first time he came across MAMFI. He confirmed that the department did not conduct their own canvass of the price of the liquid foliar fertilizer but claimed that the range of the price per bottle of the fertilizer would depend on several factors such as its brand, content, and origin,” the Sandiganbayan said.
“Also, there was no schedule of prices in the Department of Agriculture which he could compare with the given price,” it added.
The former DA officials were slapped with the penalty of perpetual disqualification from public office and forfeiture of all their retirement or gratuity benefits under any law.