ShareThisQUEZON CITY — The Office of the Ombudsman (Ombudsman) has ordered the filing of criminal charges against Bataan Gov. Enrique “Tet” T. Garcia Jr., Cabangan, Zambales Mayor Ronaldo Apostol and several others for separate offenses before the Sandiganbayan.
In a resolution, Acting Ombudsman Orlando C. Casimiro ordered that an information for violation of Section 3(e) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act) be filed before the Sandiganbayan against Garcia stemming from the anomalous purchase of a patrol boat.
Also ordered charged were Rodolfo De Mesa, provincial administrator; Imelda Inieto, agriculturist; Alicia Magpantay, accountant; Emerlinda Talento, treasurer; Ludivina Banzon, government assistant department head;
Godofredo De Guzman, OIC department head, Environment and Natural Resources; Pedro Baluyot, supply officer III; Angelina Villanueva, management and audit analyst IV (resigned); and
Francisco Caparas, local treasury operations officer I; Enrico Yuson, department head, provincial general services office (PGSO); Evangeline Diaz, department head, PGSO (retired); Danilo Abrera, agriculturist II and private individual Ernesto Asistin, Jr.
De Mesa, Inieto, Magpantay, Talento, Banzon, Yuzon, Diaz, De Guzman, Baluyot, Caparas and Abrera were also found guilty of grave misconduct and dishonesty and were meted the penalty of dismissal from the government service.
Records showed that on June 8, 2005, a patrol boat equipped with six- cylinder gas engine was requested by agriculturist Inieto for the Bataan Provincial Anti-Illegal Fishing Task Force (BPAIFTF).
Complainants Nestor Palomania and Alexander Caturao and the Ombudsman’s Field Investigation Office (FIO) alleged that respondents conspired with one another and with Asistin for the unlawful purchase of the patrol boat worth P142,500.
The complaint alleged that Garcia et al awarded the bid contract to Asistin, who was a non-qualified supplier and tendered the payment for the boat, which caused undue injury to the government.
It also said that the documentary evidence showed that a handwritten alteration was made in the Contract Agreement, Notice of Award and Notice of Proceed to change the specification from a six-cylinder gas engine patrol boat to a four-cylinder gas engine patrol boat.
Record also showed that the patrol boat was not delivered.
“We are convinced that the subject transaction with Asistin who is not a bonafide supplier was carried out by the respondents with working knowledge of the ensuing irregularities and the consequences that would necessary follow. This is a demonstration of bad faith at its most evident, a clear display of gross inexcusable negligence,” the Ombudsman ruling said.
In a separate resolution, Casimiro ordered the indictment of municipal mayor Apostol for usurpation of authority or official functions before the Sandiganbayan when he acted as the presiding officer of the executive session of the Sangguniang Bayan (SB) of Cabangan on Dec. 23, 2008.
In his complaint, then Vice-Mayor Julius Bada said that Apostol usurped his powers and duties as municipal vice-mayor and presiding officer of the SB.
The complainant claimed that Apostol presided in the session of the SB of Cabangan, which was surreptitiously held to prevent its detection by him and eventually passed a resolution authorizing the purchase of firearms for use of SB members.
The resolution said that Section 49 and 445(a) of Republic A No.7160, otherwise known as the “Local Government Code”, designates the vice-mayor as the presiding officer of the SB.
The Ombudsman said that, “In this case, respondent (Apostol) pretended that it is within his official function to preside over the sessions of the SB.” The meeting “was not a mere consultative meeting” as what Apostol claims. Rather, the session “authorizes a transaction with pecuniary implications”.
Under R.A. 7160, it is specific in its mandate, that it is the vice-mayor who is specifically designated as the SB presiding officer.
“This is demonstrated by his (Apostol) act of presiding over the 23 December 2008 session, as shown by its minutes,” the ruling said.