Fidel Anacta, Jr Ex-Mayor of Borongan, Eastern Samar Convicted
The anti-graft court found former Mayor of Borongan, Eastern Samar, Fidel Anacta Jr, guilty beyond reasonable doubt on 7 December 2016 of violating Section 3(g) of the Anti-Graft and Corrupt Practices Act or Republic Act No. 3019 which states:
Section 3(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.
Anacta Jr. was sentenced to imprisonment ranging from six years to 10 years with the accessory penalty of perpetual disqualification from holding public office.
The conviction stemmed from a Deed of Conditional Sale entered into by Anacta in 2003 over a 16,426 sq.-meter private lot with a price of P8,213,000.00. Ombudsman prosecutors also proved that the price was grossly disadvantageous as it was exorbitant considering that its market value is only P58,197.00; the Sangguniang Bayan did not authorize the purchase; the municipality would incur additional costs because of unpaid taxes and lack of right of way; and that it was unlawful for Anacta to disburse the initial payment to the property owner without vesting title to the Municipality of Borongan, causing it undue injury.
βIn the present case, it is true that there is a need to purchase a lot to be converted to a memorial park as the old memorial parks are already congested. However, existing laws and procedures must first be complied with in order to ensure that the general welfare of the people will be promoted,β the anti-graft court added. β