Ex-Capiz Governor, Two Others Found Guilty of Procurement Law Violation

By Felipe V. Celino

ROXAS CITY, Capiz — The Office of the Ombudsman has found former Capiz Gov. Esteban Evan Contreras, former Provincial Administrator Edwin Monares, and former Roxas Memorial Provincial Hospital (RMPH) chief Edmarie Tormon guilty of violating the Government Procurement Reform Law (RA 9184).

In a memorandum dated Jan. 30, 2025, the Ombudsman ordered the Department of the Interior and Local Government (DILG), through provincial director Cherryl Tacda, to enforce the penalty of a fine equivalent to six months’ basic salary for each respondent, pursuant to Section 10, Rule III of Administrative Order No. 07, as amended.

However, the Ombudsman dismissed the case against Nizza G. Billedo, the supplier, due to lack of jurisdiction.

Sandiganbayan Upholds Criminal Charges

The Sandiganbayan previously denied the trio’s motion to dismiss the criminal case filed against them.

In a four-page resolution, the anti-graft court’s Fourth Division upheld its July 9, 2024, ruling rejecting the defendants’ claim of inordinate delay in the preliminary investigation conducted by the Ombudsman.

Contreras, Monares, and Tormon were charged with one count of violating RA 9184 over alleged irregularities in the provincial government’s procurement of medical supplies in 2020 during the COVID-19 pandemic.

The case stemmed from a criminal complaint filed on Nov. 25, 2021, by incumbent Vice Gov. Jaime Magbanua and members of the Sangguniang Panlalawigan (provincial board).

Prosecutors found evidence of unlawful contract splitting in the procurement of medical supplies through small-value procurement.

Defendants’ Arguments Rejected

The accused argued that their right to the speedy disposition of cases had been violated, claiming that the preliminary investigation took 28 months, which they said hindered their ability to mount a proper defense.

In his motion for reconsideration, Contreras contended that the allegations did not constitute an offense and reiterated the claim of inordinate delay in resolving the complaint.

Tormon similarly insisted that their constitutional right to a speedy disposition had been violated, as the finding of probable cause took more than two years.

The Sandiganbayan ruled that Contreras had only until July 15, 2024, to contest the Joint Resolution but filed his motion nine days late on July 24, 2024.

“Under the Revised Guidelines for Continuous Trial of Criminal Cases, a motion for reconsideration must be filed within a non-extendible period of five days from receipt of the resolution,” the court stated.

Additionally, the court ruled that the defendants failed to demonstrate any actual or perceived error in the ruling that would justify a re-examination of their arguments.

“In any event, an examination of the issues raised in the instant motions readily reveals that they are merely a rehash of the arguments previously presented. A motion for reconsideration should be denied when it merely reiterates earlier claims,” the court added.

Contreras, who is currently running for governor of Capiz, has yet to comment on the Ombudsman’s ruling.