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Thursday, April 25, 2024

SC upholds graft conviction of ex-gov

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The Supreme Court has sustained the conviction of former Sorsogon Gov. Raul Lee for four graft cases involving the overpriced purchase of P5 million worth of fertilizer in 2004.

In a decision penned by Chief Justice Diosdado Peralta, the High Court denied Lee’s appeal, saying the Sandiganbayan did not commit any grave abuse of discretion when it convicted the former governor.

“The Sandiganbayan did not commit any grave abuse of discretion in the appreciation of the evidence presented by the parties. Thus, this Court finds no merit to reverse its decision and resolution,” the SC said.

“As aptly ruled by the Sandiganbayan, there is no showing that the province’s direct purchase from Feshan Phils. Inc. at an unconscionable price of more than 500 percent of the same product, or at least 900 percent more of the suitable substitutes, is justified. Thus, the procurement resulted to the undue injury to the government,” the Court added.

Aside from Lee, two other Sorsogon officials were charged for the four graft cases.

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In ruling against Lee, the high court noted the purchases of the fertilizer were made sometime in May and June 2004.

The Commission on Audit at that time made several price canvasses in the same year and at the approximate time when the purchases were made.

“Further, the FPA (Fertilizer and Pesticides Authority) Price Monitor in September and October 2004 is approximate in time with May and June 2004. Thus, the COA canvasses as well as the FPA data that were presented and admitted in evidence by the Sandiganbayan are reasonable representations of the actual prices of fertilizers at the time the purchases were made. These competent pieces of evidence show that the contract entered by the Province of Sorsogon was grossly and manifestly disadvantageous to the Government,” the SC said.

“Again, this Court respects the factual findings of the Sandiganbayan.”

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