The Sandiganbayan has cleared Camarines Sur Rep. LRay Villafuerte of any liability in the bulk purchase of fuel by the provincial government when he was CamSur governor in 2010.
In a 55-page decision, Associate Justice Karl Miranda of the Sixth Division ruled that the prosecution “failed to prove beyond reasonable doubt” that Villafuerte conspired with the provincial government’s “long-time” fuel supplier in the approval of the huge procurement of P20 million worth of petroleum products without a public bidding.
The provincial government even incurred savings in purchasing petroleum products from its supplier given the locked-in prices at the time of procurement, which meant that the provincial capitol was protected from subsequent surges in the pump prices of fuel, he said.
Villafuerte approved the procurement to offset the volatility in fuel prices in 2010.
The anti-graft court said the transaction was not disadvantageous to the provincial government since it did not lose any money, but even saved money from the fuel deposit arrangement because as the exclusive wholesaler of Petron in the province, Petron Naga offered the lowest possible fuel prices compared to those of other Petron gas stations.
“If there is one lesson to be learned from the present pandemic gravely affecting the nation, it is that the government must be able to adapt to change and act with dispatch in addressing emergencies before these could turn into crises. In doing so public officials will need all the guidance they can get from concerned government agencies to make sure their exercise of such power, including that of procurement, will be in accordance with law,” the decision read.
“Our anti-corruption and procurement laws should not deter government officials from exercising lawful powers to address emergencies and crises. Rather, they should guide and motivate them to do the right thing. Hence, the importance of clear and updated policies and rules from relevant government agencies on the matter,” it stated.
The Office of the Ombudsman filed the complaint against Villafuerte before the Sandiganbayan.
The Sandiganbayan maintained the provincial government’s decision to buy fuel from Petron Naga through a negotiated procurement was allowed by law, and that the prosecution’s claim that Villafuerte acted with manifest partiality, evident bad faith, or gross inexcusable negligence in proceeding with the purchase without public bidding was “to be without merit.”
