November 29, 2001
Dumaguete City Internet Edition

SANDIGANBAYAN CLEARS SAN JUAN, SIQUIJOR OFFICIALS IN BIDDING CASE
by Alex Pal

San Juan, Siquijor -- The Sandiganbayan Fourth Division has cleared five officials of this town from three criminal charges that they connived to arbitrarily deny the issuance of a Mayor's Permit to two bidders of medicines and excluded them from taking part in the bidding.

Cleared of the three-year-old charges in a decision dated November 22 were town mayor Rogelio Magtagad, Vice Mayor Lyndon L. Jo, treasurer Nelia Vicoy, budget officer Julito Pelayo and accountant Jasmin Gutierrez. At the time of the filing of the case, Jo was still a town councilor.

The charges were initiated by AIT Trading and MBF Drugstore and Gen. Merchandise. The MBF Drugstore is owned by Marcelo B.Fua, brother of incumbent Siquijor Governor Orlando Fua Sr. At the time Fua applied for a Mayor's Permit to join the bidding in San Juan town, he was a Board Member of the province.

Court records show that the two companies were denied participation in the bidding after it was learned that they did not have the proper license for the wholesale business of drugs and medicines from the  Bureau of Food and Drugs.

The same records said from 1995 to 1998, the MBF Drugstore had a virtual monopoly in the supply of medicine to the town of San Juan.

In clearing the San Juan officials, Sandiganbayan Associate Justices Rodolfo G. Palattao, Nicodemo T. Ferrer and chairman Narciso S. Narcio said the action of the officials was apparently a collective effort to protect the interest of the municipality. "From the facts established during the trial, these cases should nohave been filed at all. It has caused the accused inconvenience and temporary loss of prestige,but that is the price of public service."

The Court said the wounded feelings, anxiety and sleepless nights can always be assuaged by the balm of a clear conscience. *