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Cardenas was accused of giving unwarranted benefit and advantage to a project consultant without a competitive public bidding
MANILA, Philippines – The Sandiganbayan has found Bucloc, Abra Mayor Gody Cardenas guilty of graft for skirting rules on hiring a consultant for a local government project 13 years ago.
In a 66-page decision, the anti-graft court’s Third Division pronounced Cardenas guilty beyond reasonable doubt of the criminal charge filed in 2020. He was sentenced to 6 to 10 years imprisonment, and is barred from holding public office.
Cardenas was accused of giving unwarranted benefit and advantage to a consultant of the Cordillera Highland Agricultural Resource Management Project (CHARMP), Emma Leah Joy Andaya. She was given the post without a competitive public bidding.
In his defense, Cardenas said that the did not appoint Andaya, but rather signed a contract of professional services with her because the project called for someone with expertise. He said Andaya was recommended by elders in a tribe in Bucloc.
Cardenas also said that he was not aware that he violated any rule, and even sought advice from a government auditor in hiring Andaya.
But the Sandiganbayan held Cardenas was still guilty of graft based on documentary and testimonial evidence presented during the trial.
The court said that Cardenas failed to undergo the compulsory public bidding process, and approved the release of public funds despite this being an irregularity.
“As it stands, there is absolutely no showing that the selection of Andaya as a consultant for the local government of Bucloc, Abra underwent competitive public bidding or any of the alternative methods of procurement,” the court said.
Bucloc had not constituted its Bids and Awards Committee during the time relevant to the case, Cardenas said.
The Sandiganbayan said it was “unbelievable” that Cardenas was not aware of the proper bidding process, especially since the Government Procurement Reform Act took effect in January 2003, more than eight years before Andaya was hired.
“It is evident from the records of this case that apart from Andaya, accused Cardenas did not consider other candidates in the hiring of a consultant for the CHARMP2 program of the said municipality. He handpicked Andaya as the consultant of the CHARMP2 program of the municipality without undergoing a complete and thorough evaluation of her supposed qualification,” the court said. – Rappler.com
