The defendants are charged with conspiracy to give a company preferential treatment in acquiring the lamppost-building contract, as well as to defraud the government by padding costs for the project.
The Sandiganbayan 7th Division convicted former Lapu-Lapu City mayor Arturo Radaza of graft in connection with a deal for the construction of 199 decorative lampposts in 2006 worth P83.94 million.
The anti-graft court sentenced them to six to 10 years imprisonment with perpetual disqualification from holding public office.The 174-page decision, promulgated last December 2, was penned by Associate Justice Georgina D. Hidalgo, with Associate Justices Ma. Theresa Dolores C. Gomez-Estoesta and Zaldy V. Trespeses concurring.
The Sandiganbayan, however, held there was no valid proof given to warrant non-compliance with public bidding requirements. Such proof would mean there would have been a danger to lives, the destruction of property, or the loss of vital services if the contract was not formed with haste. Additionally, a letter dated August 25, 2006 from Baraza’s supplier, Valmont, showed he had prior information about contract costs and project specifications months ahead of the supposed Notice to Bidders on November 10, 2006.
The court additionally pointed out the similarity between FABMIK’s detailed estimates and the DPWH program of work and estimates .
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