MANILA - The Sandiganbayan 7th Division has convicted former communications officials under the administration of former President and now Pampanga Rep. Gloria Macapagal Arroyo over the acquisition of a printer worth P882,075 in 2009 without public bidding and an approved budget in 2005.

In the decision promulgated on May 25, 2018, the anti-graft court found Bureau of Communications Service (BCS) Finance and Administrative Division Officer-In-Charge Darius Josue, Accounting Section officer-in-charge Eden Villarosa, Publications and Productions Chief Angelito Enriquez, Personnel Officer Lino Aala, all officials and members of the Bids and Awards Committee (BAC); and Special Productions Division Chief Leonardo Alcantara Jr. guilty of graft and sentenced them to imprisonment of 6 to 8 years.

The BCS is an agency under the Office of the President.

The court did not believe the justification offered by Josue during the trial that they had to buy one unit of a Heidelberg single-color offset press for information materials needed for an Asia-Pacific Economic Cooperation (APEC) trip of the then President due to time constraints.

The court, however, noted that this was not cited in documents Josue prepared for the purchase.

“While accused Josue claims in his testimony that there was a pressing need to acquire the offset press (hence, the resort to limited source bidding) because the BCS was tasked to come up with materials for President Arroyo’s upcoming APEC trip abroad, this now appears as a mere afterthought, considering that this supposedly urgent reason was admittedly not among those cited in the two documents prepared by him to justify the acquisition of the offset press,” the court said in its decision penned by Associate Justice Zaldy Trespeses.

The court said the purchase caused undue injury to government as the printer bought from Ernest Printing Corporation was a second-hand unit.

“Also, as pointed out by the prosecution, for a measly difference of P50,000 and by accepting Ernest Printing’s second-hand press over the brand new one provided by Union Service, the BCS BAC effectively deprived BCS of the use of the full efficiency and full life of a brand new equipment,” the court said.

The court also noted that Josue and Villarosa recommended lease-purchase terms for the acquisition to “circumvent” the prohibition against government procurement without appropriation.

“However, the subject contract provides that upon payment of the 'rental deposit,' BCS would be construed to have already exercised the option to purchase the press, and title to it shall immediately be vested in BCS without performing any act to perfect ownership,” the court said.

The court also emphasized that there were “badges of conspiracy” among the accused as they worked together as officers of the BSC and the BAC to cause the acquisition of the printer.

Aside from the prison sentence, the court also ordered that the former BCS officials be perpetually disqualified from public office and that their retirement benefits be forfeited.

The ruling did not include BCS Director IV Eduardo Varona, who was initially among the accused but who passed away in June 4, 2006.