Ex-LU Rep. Dumpit cleared of ‘pork’ raps

BAUANG, La Union -- Former La Union second district Rep. Thomas Dumpit Jr. has been cleared of graft and malversation charges filed against him in connection with the alleged misuse of his Priority Development Assistance Fund (PDAF) or pork barrel in 2008 amounting to P5.85 million.
    In a 179-page decision promulgated on Tuesday, the Sandiganbayan’s First Division said the prosecution panel of the Office of the Ombudsman failed to prove the guilt of Dumpit and his co-accused.
    “When the guilt of the accused is not proven beyond reasonable doubt, the presumption of innocence must be favored and exoneration must be granted as a matter of right,” the first division said.
    Dumpit was acquitted of four counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and two counts each of malversation of public funds and malversation of public funds through falsification of public documents.
    Former officials of the defunct Technology Resource Center (TRC) – deputy director general Dennis Cunanan, group managers Francisco     Figura and Maria Rosalinda Lacsamana, budget officer Consuelo Lilian Espiritu and chief accountant Marivic Jover – were also cleared of the charges.
    The court also acquitted Flerida Alberto, president of the non-government organization (NGO) Kabuhayan at Kalusugan Alay sa Masa Foundation Inc. (KKAMFI) as well as Pio Ronquillo Jr. and Fe Magtira-Ronquillo, incorporators of Aaron Foundation Philippines Inc. (AFPI).
    In filing the cases in 2017, graft probers said checks amounting to P450,000 and P5.4 million drawn from Dumpit’s PDAF were released to KKAMFI and AFPI, respectively. The ombudsman said the NGOs lacked the qualifications to implement the livelihood and agricultural projects of Dumpit for his district.

    The ombudsman said the projects were awarded to the two NGOs without public bidding.
Dumpit’s co-accused falsified disbursement vouchers and several other supporting documents to make it appear that livelihood training seminars were held and livelihood technology kits were distributed to farmer-beneficiaries, the ombudsman said.
    However, the court said the prosecution failed to establish bad faith and “manifest partiality” of the accused in choosing the two NGOs and in releasing the funds to them.
    “There was also no evidence adduced to prove that accused TRC employees took the public fund and appropriated it for their own private benefit,” the first division said.-- By Elizabeth Marcelo

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Sandigan affirms Tabuk City mayor’s graft case; junks motion to quash

TABUK CITY -- The Sandiganbayan on Thursday announced that it has junked Tabuk City Mayor Darwin Estrañero’s bid to quash graft raps filed against him in connection with the alleged procurement of medical supplies at the onset of the Covid-19 pandemic that were “grossly overpriced.”
    In a 9-page resolution signed Oct. 4, the Sandiganbayan Sixth Division turned down the mayor’s appeal, owing to lack of merit.
    Estrañero was charged earlier with breaching the Anti-Graft and Corrupt Practices Act or RA 3019 for entering into contracts with various suppliers in May 2020 for purchasing medical supplies that were 135 percent to 609 percent grossly overpriced.
    Based on the charges, Estrañero allegedly entered into contracts notwithstanding an order from the executive on a price freeze on emergency supplies under Joint Memorandum Circular 2020-01. -- Edjen Oliquino

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Graft cases filed vs 2 ex-Ilocos Sur mayors over P81-M ‘misuse’

NARVACAN, Ilocos  Sur --  The Sandiganbayan has allowed the prosecution panel of the Office of the Ombudsman to drop the charges filed against the president of a farmers’ organization of this town and make him a state witness in the graft and malversation cases filed against former Narvacan mayors Zuriel Zaragoza and his father Edgardo.
    In a 27-page resolution promulgated on Aug. 18, the anti-graft court’s second division granted the motion of the prosecution to discharge private respondent Constante Cabitac, president of the Federation of Farmers of Narvacan.

    The court said the prosecution was able to prove that Cabitac’s testimony would be vital in proving its case against the public officials, noting that he had first-hand knowledge of the commission of the crime.
    The court said Cabitac’s testimony “would supply the necessary evidence” to link the Zaragozas and their co-accused municipal accountant Melody Cadacio and education research assistant Mario Cabinte.
    “There is no other direct evidence available for the proper prosecution of the offenses committed, other than the testimony of accused Cabitac,” the second division said.
    The cases stemmed from the alleged misuse of P81 million in municipal government’s shares in tobacco excise tax for locally manufactured Virginia-type cigarettes.
    The ombudsman said the amount, which was intended for members of the Federation of Farmers of Narvacan, was instead “misappropriated or misused” by the accused public officials for their personal benefit. – Elizabeth Marcelo

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VM, Council hit city gov’t offices over Baguio project

  After DPWH finds violations, defects

By Aldwin Quitasol

BAGUIO CITY – The City Council headed by Vice Mayor Faustino Olowan assailed the Baguio City Building and Architecture Office (CBAO) and City Environment and Parks Management Office (CEPMO) over an infrastructure project by the city government here at tourist area in Wright Park, Pacdal.
    This after the Dept. of Public Works and Highways City District Engineering Office found violations, defects among other problems in project construction. Wright Park is one of favorite spots of visitors where folks enjoy horseback-riding among others.
    The DPWH informed the City Council the project was funded by the national government worth P30 million from taxpayers' money.
    The said agency provided pictures of foundations of the multi-purpose building where steel bars were not of standard quality while installation of posts and beams was poorly done by the contractor.
    The CBAO and CEPMO are implementing offices of said project.
    Olowan said they were surprised it was the DPWH that discovered the problematic project instead of implementing agencies like CBAO and CEPMO who should be doing regular inspection and monitoring of the project.
    The vice mayor said they were wondering why the CBAO and CEPMO did not look at the matter when there were many technical experts from the local government of Baguio.
    Architect Johnny Degay of the CBAO told the City Council they would start strict monitoring of the controversial project.
    He said they already formed a monitoring team that will conduct daily inspections on construction of the supposed multi-purpose building.
    The City Council agreed to pass a resolution directing CBAO and CEPMO to furnish them reports of the accomplishments on the construction so they will see development of the project.
 

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New NCIP chief warns corrupt officials, IPMRs

BY Rocky Ngalob

QUEZON CITY -- Newly installed National Commission on Indigenous Peoples Executive Director Mervyn Espadero committed to act on all reports of corruption done by NCIP officials or employees.
    Espadero said this as he welcomed Indigenous Peoples Mandatory Representatives [IPMR] during the national IPMR summit here last week.
    He told IPMRs not to do corruption corrupt practices and police those in government who are doing illicit activities at the expense of Indigenous Cultural Communities / Indigenous Peoples [ICCs/IPs].
    The challenge of Espadero came timely this time when some of IPMRs and NCIP officials are accused of corruption or illicit acts against  ICCs/IPs either direct or indirect.
    He said IPMRs will be accorded with anonymity should they report corrupt practices done by NCIP personnel or public officials.
    Being members of the local legislative units, some IPMRs are not immune to controversy.
They may either failed to act on some of the plights of the ICCs/IPs or they themselves served as accomplices or channels for corruption, he said.

Either way, according to Espadero, direct or not, both are equally frowned upon by laws and most importantly by IP customary values.

As an IPMR, according to Espadero, they are expected to be imbued with wisdom honed by the centuries-old values emanating from the ICCs/IPs customs.

It is given that they evolve from a lifestyle of conscious assertion and practice of traditional values and beliefs, he said.

“They are walking repositories of the ICCs/IPs’ rich history. In effect, they know what is best and what is adverse for their respective communities. It is paramount for an IPMR to consciously promote collectivity and participatory decision making over covert and selective undertakings.”

Absent any of these qualities, Espadero added, IPMRs will most likely succumb to corruption. Thus, it is vital for our IPMRs that while they work inside the chambers and halls of their respective “Sanggunians,” they must not divorce themselves from their IP communities.

“They must continuously remind themselves that their position, as an IPMR, is a mere privilege granted by IPRA which may only be executed if IP communities manifest to assert the same.”

Espadero said IPMRs owe their position to IP communities and it is only prudent to return back the favor through good and honest service. 

Espadero added an IPMR who wittingly subscribes or tolerates corruption against the IPs, are doing sacrilege to their IP identity.” Their participation and/or condonation to corruption will be their unbecoming not only as an IPMR but as an IP as well.  I urge you IPMRs to avoid corrupt practices so that you can truly serve the people.”

He told IPMRs the Office of the Executive Director is always open for all IPMRs who want to report on corrupt practices within their Ancestral Domains [ADs].

 

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Court acquits ex-La Union solon, 8 execs of graft cases

By Ma. Reina Leanne Tolentino

THE Sandiganbayan's First Division acquitted former La Union Second District representative Thomas Dumpit Jr. and other individuals of graft charges in connection with the Priority Development Assistance Fund (PDAF) totaling about P40 million.
    In a 227-page decision promulgated on Monday, July 3, the court acquitted the following of nine counts of graft: Dumpit; Gondelina Amata, Ofelia Ordoñez, Gregoria Buenaventura, and Sofia Cruz who had been from the National Livelihood Development Corporation; Flerida Alberto; and Godofredo Roque. Lilibeth Aloot-Macazo, who had been a store proprietor and was an accused in four of the nine graft cases, was acquitted.
    The court said in its decision that "assuming that accused Dumpit indeed requested for the release of his PDAF allocation and endorsed the NGO [Kabuhayan at Kalusugan Alay sa Masa Foundation, Inc.], these acts could not be considered as manifest partiality, evident bad faith or even gross inexcusable negligence. This is because assuming he indeed performed all those acts, he was simply carrying out acts required for the release of the funds and other 'informal practices,' which were declared by the Supreme Court as unconstitutional."
    The declaration of unconstitutionality was prospective because of the doctrine of operative fact, the Sandiganbayan's First Division said.
    The court also said that "there was no evidence, testimonial or documentary, introduced to establish that accused Dumpit benefitted from the PDAF transactions."
    In the same decision, the court acquitted Dumpit, Amata, Ordoñez, Buenaventura, Cruz, Alberto, and Roque of three counts of malversation of public funds. Aloot-Macazo, who was an accused in one count, was acquitted.
    The court also acquitted Dumpit, Amata, Ordoñez, Buenaventura, Cruz, Alberto, and Roque of six counts of malversation of public funds through falsification of public documents. Aloot-Macazo, who was an accused in three counts, was acquitted.
    The court said in its decision that it "is inclined to believe that the signatures of accused Dumpit, as appearing in the documents as offered by the prosecution, are forged. Accused Dumpit has consistently denied that the signatures are his. [...]     The prosecution has not presented any expert witness to rebut the opinion of witness [Desiderio] Pagui."
    According to the decision, Pagui "testified that he examined both the known and questioned signatures of accused Dumpit and he concluded that the signatures appearing in the questioned documents are not that of Dumpit."
    Also, the court said that the prosecution "failed to show that [...] Amata, Ordoñez, Buenaventura and Cruz, in the performance of their functions as mentioned earlier, took advantage of their position and falsified any of the abovementioned documents proffered by the prosecution by committing any of the acts mentioned in Article 171 of the Revised Penal Code."
    The court also said in its decision that Aloot-Macazo "has sufficiently proven that the receipts shown by the prosecution are not hers."
 

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Sandigan convicts 10 ex-officials of Mountain Province, private supplier

MANILA – The Sandiganbayan convicted 10 former officials of the Mountain Province, as well as a private supplier, for their participation in 2006 in the overpriced purchase of a government vehicle intended for the Bontoc General Hospital.
    All 11 defendants were sentenced by the Sandiganbayan Third Division to imprisonment of between six to eight years.
    The 10 provincial officials were also banned from future employment in government through perpetual disqualification and forfeiture of all benefits.
    The Sandiganbayan said all the defendants participated in the crime by specifying a vehicle brand and model which gave unwarranted advantage to the private supplier, a violation of RA 9184 or the Government Procurement Reform Act.
    Found guilty were then provincial accountant Theodore Marrero, provincial health officer Nenita Lizardo; provincial nurse Helen Macli-ing; Bids and Awards Committee (BAC) chairperson Paulo Pagteilan; BAC vice chairperson Lily Rose Kollin; BAC members Florence Gut-omen; Edward Likigan, and Soledad Theresa Wanawan; budget officer II Jerome Falingao; executive assistant and BAC secretariat Abdon Imingan; Technical and Inspection Group member Abelard Pachingel, and private defendant Ronaldo Kimakim.
    Kimakim was the owner of Ronhil Trading Incorporated from which a Mitsubishi L-300 Versa van was bought in a simulated purchase for P843,700.91.
    Former Mt. Province Governor Maximo Dalog was among the co-accused in the case when it was filed in 2017, but he died while the investigation by the Office of the Ombudsman was still ongoing.
    “All of the accused, consisting of the end-user representative and BAC officials, willingly turned a blind eye to the apparent violation of the procurement law by making reference to a specific brand and model of vehicle,” said the decision authored by Associate Justice Ronald B. Moreno.
    Concurring were Presiding Justice Amparo M. Cabotaje Tang and Associate Justice Bernelito R. Fernandez.
    The National Bureau of Investigation found that a vehicle bearing the same license plate, chassis and engine numbers was bought by Kimakim from Motorplaza on March 29, 2006 for P756,000.
    On the same day, the said vehicle was sold to the provincial government for P843,700.91 or a price difference of P87,700.91.
    Kimakim admitted he received for his services a P10,000 fee.
    He said in a signed affidavit that he received his fees in the residence of Macli-ing
    The anti-graft court said all the defendants were part of the conspiracy by specifying a vehicle brand and model which gave unwarranted advantage to the supplier, a violation of RA 9184 or the Government Procurement Reform Act.
    The Sandiganbayan noted: “From the time the Purchase Request was made by accused Lizardo and Marrero up until the time the subject vehicle was accepted by the Provincial Government of Mountain Province, the reference to the specific brand and model of Mitsubishi L-300 Versa Van was written in all of the procurement document.” – Rappler.com

 

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Baguio mayor files 4th graft case against DPWH official

Charges filed with Ombudsman 

BAGUIO CITY -- Mayor Benjamin B. Magalong filed another complaint before the Office of the Ombudsman against the head of the Baguio City District Engineering Office-Department of Public Works and Highways alleging graft practices in the construction of a bridge in Baguio City.
    It is the fourth such case filed against officials of the BCDEO-DPWH with the first three filed last year.
In his 11-page affidavit, Magalong charged BCDEO-DPWH District Engineer Rene Zarate of violating Section 3 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act in relation with the alleged irregularities in the construction of a road bridge from Parapad Village, North Sanitary Camp Barangay going to Magsaysay Avenue.
    The complaint involves the project titled “Network Development - Construction of By-pass and Diversion Roads: Magsaysay Ave. to Rimando Road - Ambiong By-pass, Including Bridge and Row, Baguio City” with a contract amount of P88,099,659.56 given a notice to proceed on April 29, 2018 and completed on August 21, 2019.
    Magalong alleged that “there was improper construction and/or use of substandard materials and this was clearly made known and was brought to the attention of the respondent (Zarate),” based on his site inspection with the personnel of the City Engineering Office on January 2021.
    On January 6, 2023, another inspection was conducted by the CEO and found that the improper construction and/or use of substandard materials remained the same.
    The CEO noted poor workmanship in its memorandum report dated January 7, 2023, with observations such as: transverse cracks along the sidewalk; inconsistent sidewalk finish presentation; peeled off-road curb painting and pavement markings; uneven concrete barrier surface; water ponding along the pavement and sidewalk; cracks along the pavement; concrete corner alignment and finish; unpresentable wall opening; no proper drainage catchment for the drains; exposed rebar; leftover plywood forms; unpresentable concrete manhole cover; gaps between the concrete cover siding and the manhole; short length of stiffener; and, lost street light.
    Magalong said that “from the results of the investigations/inspection, and assessment, it was evident that there was improper construction and/or use of substandard materials.”
    “Worst, despite the knowledge of these improper construction and/or use of substandard materials, this was simply brushed aside by the public respondent up to date. The improper construction and/or use of substandard materials were never corrected, was tolerated, and was accepted,” the complaint stated which caused “undue injury to any party, including the government…”
    Magalong wants administrative disciplinary action, and without prejudice to criminal and civil liabilities such as disloyalty to the Republic of the Philippines and to the Filipino people. - PIO Baguio

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Pursuing Cordillera regional autonomy

EDITORIAL 

For many years, the government had tried to attain a Cordillera Autonomous Region as provided for under the Philippine Constitution. But until now, for autonomy proponents, this is still a dream.
    Lately, the Baguio City Council announced it had created a group to hold public hearings on the matter.  
Cordillera Representatives Menchie Bernos of Abra, Eleanor Bulut-Begtang of Apayao, Mark Go of Baguio City, Eric Yap of Benguet, Solomon Chungalao of Ifugao, Allen Jesse Mangaoang of Kalinga, and Maximo Dalog Jr. of Mountain Province filed House Bill 3267 on August 8, 2022 which sought to establish the Cordillera Autonomous Region.
    The bill sought to establish an effective political entity, provide for basic structure of government in recognition of fundamental and Constitutional right of Cordillerans to self-determination and pursuit of their duty to protect, conserve and develop their patrimony and cultural heritage and attainment of meaningful and effective governance.  
     “Two Organic Acts for the creation of the Cordillera autonomous region were enacted in 1990 and in 1998. However, both measures were rejected by Cordillerans in separate plebiscites. Following these two failed attempts, information dissemination campaigns and public consultations were conducted to craft a legislative measure that will truly reflect needs and aspirations of the people of the Cordilleras for regional autonomy,” the lawmakers said in the explanatory note said.
     “The quest for autonomy continues, as many areas in the Cordillera remain underdeveloped. Autonomy shall serve as the foundation upon which the people of Cordillera shall be empowered to pursue sustainable and including growth, through the management, protection and development of their natural and human resources, and the promotion of the rights and culture of the Cordilleran people. It is through its progress and growth as an autonomous political entity that the Cordillerans can tap its potentials and contribute to national success,” it added.
    The lawmakers stated “the collective aspiration of the Cordillerans for genuine autonomy is rooted on right to self-determination of the people fueled by a long history of struggle for the recognition of their rights. It is high time that we make good on this Constitutional mandate, and allow the Cordillerans to determine their political status and to freely pursue their economic, social, and cultural development. By adapting necessary amendments and proposals, we have consistently endeavored to evolve this legislative measure as a product of the collaborative participation of all stakeholders. With clearer understanding of autonomy, its implications and effects on the lives of our people and on the future of Cordillerans, the time is ripe for us to once again present to the Cordillerans the opportunity to realize this deeply ingrained desire.”
    In the 18th Congress, all the Cordillera congressmen authored and filed House Bills 5687 and 7778   for the establishment of the CAR. The two bills were consolidated in HB 10729, which was approved on third reading on May 30, 2022 and was subsequently transmitted to the Senate for the supposed passage of its counterpart measure on May 31, 2022.
    However, based on the legislative procedure of the legislative department, the Senate was not be able to pass HB 5687 into law after the adjournment of the 18th Congress.
    Now the Cordillera Regional Development Council is pushing through with the drive to attain autonomy. But there are groups like the Cordillera People’s Alliance who maintain that genuine autonomy could only be attained under a truly sovereign state.
    A third Organic Act, if a when presented to Cordillera constituents in a plebiscite would determine where the region is headed to.   

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Baguio mayor to pols on stopping corruption

 BEHIND THE SCENES

 Alfred P. Dizon

BAGUIO CITY – Local chief executives of Cordillera which included mayors and governors must have had impish smiles when Baguio City Mayor Benjamin B. Magalong urged them to “put an end to traditional politics and corruption since it was not in consonance to good governance.”
    Magalong made the appeal during the Regional Development Council – Cordillera Administrative Region 2022 performance review and 2023 planning conference here on Jan. 26.
    Magalong, chairperson of RDC-CAR’s development administration and good governance sectoral committee, presented the committee’s work and financial plan for fiscal year 2023 anchored on the latest Philippine Development Plan’s DevAd strategies which includes practicing good governance and improving public financial management, according to a report from a certain RJMV of the regional office of the Dept. of Interior and Local Government.
    “Good governance is probably the most abused term among politicians,” Magalong said urging local chief executives to take the lead in eradicating corruption.  Are we willing to give up our special perks and privileges to really promote good governance? If there is anyone among us here today who should probably spearhead that, I would say are the local chief executives. If it does not start from us, then no one will follow,” he said.
   ***
He said in one of his talks with newly-elected officials, he observed they were attentive when it came to technology but when he talked on good governance and corruption, their attention dwindled. “You see we have a huge problem,” he said.
    Citing the country’s P13.64 trillion foreign debt, Magalong said according to former Socioeconomic Planning Secretary Karl Chua, managing financial leakage can help the government develop its capacity to pay off its debt.
    He added a major chunk of this leakage “goes to corruption.” “Kailan tayo hihinto?” Magalong asked.
    Based from the DILG article, the city mayor also lamented “persisting culture of traditional politics in the country where “guns, goons, and money and asserting due influence on other candidates and to the voters” are used to propagate their own brand of politics.”
    “Traditional politicians want to make elections expensive para sila lang nang sila. Are we not going to consider that it is about time to bring in young people in government? Because young people have that courage, that energy. They have those innovative ideas, they are aggressive, they are courageous,” he added.
    Magalong urged the RDC-CAR, through its chairperson Apayao Gov. Elias C. Bulut, Jr., to create a network or a movement of promoting good governance that he said, will hopefully impact other regions, local chief executives and local government units.
    “The truth of the matter is, let's get serious about it. It’s a serious problem we need to address… We are suffering and it requires a lot of intervention from our political leaders. Once again, we have to lead by example,” Magalong said.
   ***
About two decades ago, multilateral institutions providing development assistance around the world including the Philippines began taking a closer look at the impact of corruption on projects funded by their aid programs.
    The studies determined that corruption retarded poverty alleviation efforts and the pace of development. On Dec. 9, 2003, the United Nations approved the Convention Against Corruption – one of several international agreements that are legally binding on the state parties. The convention now has 186 signatory states, with the Philippines joining in 2006.
    The Philippines has tough laws against various forms of corruption. Apart from the Anti-Graft and Corrupt Practices Act, there is also a Code of Conduct and Ethical Standards for Public Officials and Employees, which prohibits acts such as receiving expensive gifts from persons dealing with government agencies.
    A key problem, as in most laws in this country, is enforcement, according to anti-graft crusaders. That code of conduct, whose prohibited acts can earn violators five years in prison and a fine, is broken in many ways and varying degrees every day. Opportunities for accepting grease money are built into systems and procedures.         This is one of the major disincentives to job-generating investments.
    Another problem is the weakness of political will. It took years and threats of an international financial blacklist before lawmakers approved the inclusion of corruption among the predicate crimes covered by the Anti-Money Laundering Act. Even when the AMLA is applied by the AML Council, however, crooked public officials can still find kindred spirits in the judiciary.
    In too many cases, justice is sold to the highest bidder, rendering the toughest laws toothless. And the Office of the Ombudsman cannot even freely investigate members of the judiciary for graft.
    The Supreme Court has ordered the ombudsman to wait for the conclusion of the SC’s own administrative probe of magistrates accused of wrongdoing before initiating a criminal probe. A judge or justice accused of corruption could be dead before the Office of the Ombudsman gets its hands on him.
    Little wonder then that impunity in corruption reigns. Those who use public office for personal gain are not only spared from punishment, but are also free to hold public office again.    
    What is needed is full enforcement, anti-graft advocates maintain. But then again, when you see an official wink at you, don’t always think he is corrupt. He may just wants to have a good time after a hard day’s work of meeting people or having coffee at a plush hotel discussing, well things like multi-million peso projects.
 

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Ex-staff chief of ex-P’sinan solon cleared in ‘disallowed use’ of P40 million PDAF

By Czarina Ong Ki

The Commission on Audit (COA) has ordered the exclusion of Lourd Dexter D. Manalo, former chief of staff of then congressman Conrado M. Estrella III, from liability in the disallowed transfer of P40 million in priority development assistant fund (PDAF) of the former legislator to an alleged bogus firm of businesswoman Janet Lim Napoles in 2009 and 2010.
    On June 30, 2014, COA issued notices of disallowance (NDs) against Estrella III, now secretary of the Department of Agrarian Reform (DAR), on the transfer of P40 million PDAF to Napoles’ National Livelihood Development Corp. (NLDC).
    The P40 million was transferred in three tranches and was eventually deposited to Napoles’ Countrywide Agri and Rural Economic Development Foundation Inc (CAREDFI).
    The COA said that the PDAF-funded projects “were not compliant with existing laws and regulations.”
    Manalo was involved in the COA’s NDs, but he filed an appeal and said that he was deprived of his right to defend himself, refute, and controvert the findings during the critical stages of investigations of the COA. Because of this, Manalo said there was denial of due process.
    Manalo added that he was made equally liable as Estrella III because of “indiscriminate generalization of findings of liabilities rather than individual’s respective participation,” and the documents used against him were forged and therefore void.
    He submitted to COA a Questioned Documents Report from the National Bureau of Investigation (NBI) which showed that the handwriting experts found his signatures to have been forged.
    “This Commission cannot simply ignore and set aside the factual findings of the NBI. There is no evidentiary basis to conclude that Mr. Manalo participated in the disallowed transactions,” COA said.
    “Wherefore, the appeal of Mr. Lourd Dexter D. Manalo, former Chief of Staff, Office of former Congressman Conrado M. Estrella III of the 6th District of Pangasinan is hereby granted,” it ruled.

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Sleeping on duty

LETTERS FROM THE AGNO

March L. Fianza

If it is intentional, it becomes a violation of the anti-graft and corrupt practices act. Sleeping on the job or falling asleep while one is not supposed to, is the basis for termination of employment. Although in most cases, the act is unavoidable as human factors such as tiredness and fatigue come into play.
    While night duty security guards and cops intentionally sleep on duty without getting caught, others try hard to stay awake but accidentally doze off. If they get caught, they are sacked without the benefit of due process.
    Last week, three cops were caught sleeping on duty inside their Lawton PCP in Manila when Police Director Brig. Gen. Andre Dizon made a surprise inspection around his district at 4 in the morning. The three were caught on video camera.
    The police general scolded the three cops after personally waking them up. They were lucky as no administrative or criminal cases were filed against them, but were merely sacked from their posts and transferred to other stations.
    This is not the first time that cops were caught sleeping on duty. In November 2019, eight police officers were caught sleeping while on duty by Brig. Gen. Debold Sinas during the “undas” season.
    They were spotted by teams assigned to hunt down Manila cops not following orders, including the directive to not play golf while on duty.
    A year before that, 14 police officers in community precincts in Pasay and Muntinlupa were sacked from their posts after getting caught sleeping, while others were caught drinking during a surprise inspection. All of them were dismissed from employment.
    While sleeping on duty by ordinary cops could be a violation of a law, it is not as terrible a crime as those committed by their generals. This is what alarms many especially when the police bosses get off the hook even while their alleged criminal acts were very glaring.
    A patrolman receives a monthly base pay of P29,000 with no longevity pay yet while a police Master Sgt gets P44k including longevity pay. The police Exec MSgt takes home 58k with longevity pay, the P/Lt. - 54k, PCol. - P120 plus, PBgen - P136k, and PGen - P225, all with longevity pay. They are highly paid yet they get involved in crimes.   
    We read reports, heard stories of police generals getting off the hook just like recently when the Office of the Ombudsman dismissed the graft charges filed against former PNP chief Oscar Albayalde this month.
    His case stemmed from the alleged mishandling of confiscated drugs seized from suspected drug lord Johnson Lee during a sting in Pampanga in 2013.
    The complaint said at least 200 kilos of shabu were confiscated during the sting, but only 36 kilos were declared by the Pampanga police then headed by Albayalde.
    A Senate inquiry in October 2019 recommended that Albayalde and 13 police officers under his command be charged with drug and graft charges in relation to the alleged resale of confiscated narcotics in 2013.
    The complaint for violation of the Anti-Graft and Corrupt Practices Act was filed against Albayalde by the Criminal Investigation and Detection Group (CIDG) in 2019. In a 14-page resolution, the Ombudsman dismissed the case for lack of evidence.
    While Albayalde’s participation in the alleged crime was not proven, people wonder where the 164 kilos of shabu went. The case actually is not about Albayalde but about the undeclared 164 kilos of shabu. For sure, someone knows where it went.
    Last October, some 10 personnel of the Philippine Drug Enforcement Group of the PNP were sacked from their posts due to their involvement in the discovery of 990 kilos of shabu found in a raid on a policeman-owned lending company office in Manila.
    The police officers who were the team leaders and immediate supervisors of Police MSgt. Rodolfo Mayo, Jr., a PDEG intelligence operative and the alleged owner of the lending company office, were only temporarily relieved as an investigation continues.
    Following the announcement of the raid, reports revealed the involvement of two more police generals in the seizure of the shabu worth over P6.7 billion. The generals allegedly had links with Mayor who owned the lending company office.
    The bias in the incident is that while the low-ranked policemen were relieved pending an investigation, the generals who were equally suspected of involvement remain free and their names were not disclosed.
    Furthermore, there is a preconceived notion by a colleague in the person of the PNP chief that the generals were innocent but they were being dragged into the case. They were described as officers who worked hard for their careers as if the low-ranked cops who were equally under investigation have no careers.
    In the Philippines, we protect generals who are suspected of involvement in big-time crimes but we sack low-ranked policemen who are found sleeping on duty. 

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Sandiganbayan convicts former Amulung mayors

Jail sentence for malversation 

By Vince Jacob Visaya

TUGUEGARAO CITY -- The Sandiganbayan has convicted for graft a man and his wife who both served as mayors in Amulung town in Cagayan and the sacked town treasurer in connection with P18-million graft and malversation charges filed against them.
    In its 134-page Nov. 3, decision released to parties and posted on its website on Nov. 4, the Sandiganbayan convicted Nicanor de Leon, who served from 1996 to 2007 and from 2016 to 2019 as Amulung town mayor and from 2019 to 2022 as vice mayor, and his wife Pacita, who served as mayor from 2007 to 2010, and former town treasurer Luzviminda Macasio.
    In a 134-page decision promulgated on Thursday by the anti-graft court’s 6th Division, the couple was found guilty of one count each of graft and one count each of malversation.
    Pacita received a maximum sentence of 20 years for violating the Anti-Graft and Corrupt Practices Act and the malversation of public funds, while his husband received a maximum sentence of 27 years.
    Meanwhile, former municipal treasurer Luzviminda Macasio, who remains at large, was sentenced to up to 53 years in prison after being found guilty of two counts of graft and two counts of malversation.
    They were ordered to pay individual fines equal to the amount embezzled and to jointly refund and reimburse the amount to the public coffers.
    Nicanor and Macasio each received a P16,340,959.04 fine for malversation and ordered to pay back P16,340,959.04 to the Bureau of Treasury as compensation for their civil liability.
    Pacita and Macasio both received a P2,332,182.61 fine and were compelled to pay back P2,332,182.61.
    The prosecution claimed that Nicanor and Macasio withdrew municipal funds from Oct, 2, 2002 toJuly 2007 by issuing and cashing cheques from the Land Bank of the Philippines totaling P16,340,959.04 without disbursement vouchers or other supporting papers.
    Pacita and Macasio were charged with second-degree graft and malversation involving eight checks totaling P2.37 million from 30 August 2007 and January 2009.
    The anti-graft court said the accused “were united not only in the perpetration of fraud, but also in its concealment.”
    The charges against former municipal accountant Maria Remudaro were dropped due to her death while the cases were still pending.
    “She (Pacita) and her spouse have failed to present adequate evidence that can nullify any likelihood that she/he, together with accused Macasio and Remudaro, had put Amulung’s funds to personal use,” the Sandiganbayan said.
    Their retirement benefits were also forfeited.
    Macasio went into hiding for two years until she was arrested by the police on March 20, 2017.
    An unofficial statement from their camp said they will "appeal the case before the Supreme Court."
Indicted for four counts of graft and malversation charges, the couple denied any wrongdoing, claiming innocence and non-collusion with "confessed cheaters," referring to Macasio.
    In 2015, the Commission on Audit (CoA) noted discrepancies in accounting records and filed cases before the Ombudsman.
    The CoA said the municipality's financial statements were unreliable and inaccurate and several funds were unaccounted for.
    A special audit and investigation conducted by CoA resulted in 39 notices of disallowance against the spouses, who were held liable for the total amount of P18,718,161.65.
    The graft court said the accused "failed to present adequate evidence that can nullify any likelihood" that they put the town's "funds to personal use."
    "Since they have failed to satisfactorily explain the shortage in Amulung's accounts following CoA's demand, the prima facie cases (for malversation) have not been effectively negated," the court said.
    The accused concealed the misappropriation "by making it appear in the cashbook or check disbursement journal that the said checks were either canceled or by a recording of the said checks in the cashbook or check disbursement journal without any detail or entry, when in truth and fact, they were negotiated or encashed with the Land Bank of the Philippines-Tuguegarao Branch, or not deposited to the intended account of the municipality."
    The high court said they misappropriated the amount for their "own personal gain and benefit, thereby causing injury to the government and the public interest."
 

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Another case set vs DPWH execs, contractor in Baguio

‘Irregularities, corruption’ 

BAGUIO CITY --Another case for anti-graft and corrupt practices looms against officials of the Baguio City District Engineering Office of the Dept. of Public Works and Highways over alleged infrastructure project irregularities this time over the construction of a school building in one of the secondary schools in the city.
    Mayor Benjamin B. Magalong on Aug. 5, had an 18-page complaint notarized before City Prosecutor Conrado Catral Jr. preparatory to the filing before the Office of the Ombudsman.
    He said the complaint against officials and employees of the BCDEO and a private contractor will be for violation of section 3 of paragraph E, F, and G of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.
    Other allegations are grave misconduct, grave abuse of authority, gross neglect of duty, conduct unbecoming of a public officer and conduct prejudicial to the best interest of the service in relation with the irregularities in the construction of the subject school building.
    He said it was based on the reports of the City Buildings and Architectures Office’s inspectorate team dated May 8, 2018 flagging concerns on the architectural, structural, electrical and sanitary aspects of the building.
    Last month, the mayor filed his first ombudsman case against the BCDEO alleging graft and corruption for the “substandard and defective,” development of a sidewalk along Bonifacio Street.
    The mayor wants these actions as a litmus case on a government office filing such a complaint against another government office to show the local government unit is serious in putting a stop to corruption. – JMPS

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Why did Bongbong abolish PACC?

PERRYSCOPE

Perry Diaz

ON DAY ONE of his presidency, President Ferdinand “Bongbong” Marcos Jr. issued Executive Order (EO) No. 1, which was to abolish the Presidential Anti-Corruption Commission (PACC) as well as the Office of Secretary.  Marcos’ reason for the abolition was to achieve “simplicity, economy, and efficiency.”
    In his EO, Marcos stated that to achieve “simplicity, economy, and efficiency” in bureaucracy without affecting disruptions in internal management and general governance, “the administration shall streamline official processes and procedures.”
    Press Secretary Trixie Cruz-Angeles said there was no need to retain the PACC, saying that its powers and functions are “not in line with streamlining.”
    “First of all, its nature is investigative, which can also be conducted by the Office of the Ombudsman. So, usually, what they do is they gather evidence on presidential appointees and file the case with the Ombudsman,” she said.
    Also, lawyer Tony La Viña, former dean of the Ateneo School of Government, said Marcos’ decision to deactivate the PACC was needed, saying that its work “can be done by the Office of the Executive Secretary (OES).”
Weaken fight against corruption
But Greco Belgica, PACC head in 2021, disagreed with La Viña’s assessment.  He warned that the move could weaken the fight against corruption.  He said that PACC played a key role especially when the Deputy Secretary for Legal Affairs (DESLA) has its hands full of cases to investigate.  “Without PACC,” Belgica said, “no one would know what is happening, most especially on corruption issues.”
    He reasoned that when people are not aware of corruption in the government because cases are not resolved, “corruption will proliferate because no one gets penalized.”
    Indeed, without the PACC, “DESLA shall make recommendations on matters requiring its action, to the executive secretary for approval, adoption or modification by the President,” Marcos’ EO No. 1 said, which doesn’t really streamline the process.  On the contrary, it adds extra steps to the process.  It adds another level of administration by including the DESLA to the equation.   EO No. 1 shall promulgate rules of procedure in administrative cases under its jurisdiction, provided that those promulgated by the PACC “shall remain in force.”  But while DESLA works against corruption, it is also handling the “external and internal legal issues of the President.  It then becomes a question of priority.  The DESLA has to prioritize its workload – corruption investigation versus legal issues.   Ultimately, the President would have to intervene, whether to put more effort in fighting corruption or handling external and internal issues. 
Justification
In an attempt to justify the abolition of PACC, Cruz-Angeles said in a press briefing:  “Basically the Presidential Anti-Corruption Commission… is not in line with streamlining. First of all, its nature is investigative, which can also be conducted by the Office of the Ombudsman.”
    Cruz-Angeles said that the PACC gathers evidence on presidential appointees and then files a case with the Ombudsman. However, she pointed out that a complaint could directly be filed with the Ombudsman even without the PACC.
    However, according to former PACC Commissioner Manuelito Luna, the PACC is not a mere duplicate of the Office of the Ombudsman because they have differing jurisdictions.  He said there is coordination between them and the Ombudsman regarding the handling of cases.
    “If a presidential appointee with a salary grade 26 or up, the case is usually referred to the Ombudsman; otherwise, PACC handles the case,” Luna said. “However, the president retains the power to administratively deal with his own appointee.  When it comes to presidential appointees, the president has the power to appoint as well as to remove or discipline.”  And that’s where it becomes political.
PACC workload
Belgica said that from October 2017 to June 2022, the PACC addressed 13,000 complaints and that 154 criminal and administrative cases had been filed, 24 individuals were sent to prison and 800 government employees were removed from office.  That’s a lot of workload and the results were impressive, which begs the question: Can the DESLA handle the workload without assigning additional personnel to handle them? I doubt it.  And this could lead to further delays and backlog in investigating corruption case.  It could then lead to a repeat of the old system before PACC was created: cases piled up from three administrations before President Duterte took over. It was only when Duterte created PACC on October 4, 2017 that the backlog eased and corruption cases were investigated.
    The PACC, which was created by Duterte’s EO No. 43 in 2017, had the mandate to “directly assist the President in investigating and/or hearing administrative cases primarily involving graft and corruption against all presidential appointees.”
    The EO stated, “there is a need to create a separate commission […] solely dedicated to providing assistance to the President in the investigation and hearing of administrative cases and complaints.”
    It likewise had the mandate to conduct lifestyle checks or fact-finding investigations concerning presidential appointees and other public officers allegedly involved in graft and corrupt practices.
Going back to old problem
Belgica stressed that he respects the decision of Marcos, he said he is hoping that the government will strengthen the fight against corruption: “If DESLA will not get a boost, like enough staff, we will go back to the old problem.”
    “If the government will strengthen the Ombudsman, it’s better. Whatever it is that the government will boost, resources should be increased, jurisdiction should be widened, and there should be enough staff,” he said.
Duterte’s EO provided that the PACC shall “have the power, on complaint or motu proprio (on its own), and concurrently with the Office of the Ombudsman, to hear, investigate, receive, gather, and evaluate evidence, intelligence reports, and information.”
    It’s sad that Marcos had to abolish PACC, which had done a terrific job in pursuing corruption cases against presidential appointees.  In effect, what Marcos did was to go back to the days when corrupt presidential appointees would remain untouchable only because of a slow system of investigating corruption cases, which makes one wonder:  Why did Bongbong abolish PACC?  I can only surmise that he probably wanted his friends to know that happy days are here again.
(PerryDiaz@gmail.com)

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Multi-million Baguio market racket found

5 city gov’t employees charged; more to follow 

BAGUIO CITY -- More cases are set to be filed against city public market employees  in  what Mayor Benjamin Magalong described as a long-time syndicated corruption involving city market employees and merchants leading to embezzlement of public funds worth millions of pesos.
    The mayor made the warning as five employees of the City Treasury Office assigned at the city market were charged of malversation through falsification of public documents and falsification by public official on July 20 for padding receipts of collections from arrival fees or ‘kwartais’ at the city market.
    The five employees allegedly pocketed most “arrival fees” paid each day by traders delivering meat, fish, poultry, and vegetables sold at the city public market.
    The fees were collected for unloading and delivering goods sold in the market.
    Revenue collector clerks Noel Flora, Benjie Chocyogen, Randy Ricaña, and Gerald Rimando are facing multiple counts of malversation through falsification of public documents and falsification by a public official in the complaint filed before Prosecutor Conrado Catral Jr.
    A fifth employee, Jonathan Lubina, was included in the complaint as an accomplice, for being “remiss in his duty and for repeatedly signing falsified reports, thus making him an accessory to the crime.”
    These employees have yet to issue statements on the allegations.
     The malversation and falsification case against the city employees was filed before the City Prosecutor’s Office by the Baguio City Police Office represented by City Director Glenn Lonogan and Supervising Administrative Officer Marieta C. Alvarez in behalf of the city government.
     The suit stemmed from results of the investigation initiated by the mayor on the alleged connivance involving revenue collectors and supervisors to steal from the market fees collected, among which the arrival fees from merchants to allow them sell their goods as provided under the city’s Tax Code.
    “Halimbawa, ang siningil nila sa merchant ay P4,000 pero ang naka-reflect sa duplicate copy ng resibo na isusumete sa City Treasury ay P70 lang, ibinulsa na nila yung iba,” Magalong said.
    Magalong said four more employees would be charged this week.
    The mayor said a similar case was filed three weeks earlier and another case is being prepared against four more collectors as investigations go high gear to ferret out the truth.
     As this developed, the mayor said the city government has launched another investigation this time on the illegal transactions inside the market particularly on the sub-leasing of market stalls which is prohibited under the city’s Tax Ordinance.
    The mayor said the probe started earlier in May when one merchant brought his receipt and asked for verification of the fees paid. 
    A review of the duplicate receipts was conducted by the City Treasury Office through Alvarez as the head of the market office and discovered discrepancies in the amount indicated in the original receipts from the duplicate copies.
     This prompted the mayor to order a review of all duplicate receipts covering year 2020 until June 2022 which yielded similar findings. 
     The mayor said that based on the findings, it can be assumed that the city government had lost up to P50 million in total revenues from the arrival fees alone.
     “Matagal na ito na nangyayari sa public market at tuloy-tuloy ang ating imbestigasyon kahit pa sa mga nagretire na at dating empleyado.  Sigurado ako lalabas lahat ng ebidensya at hindi sila makakatakbo. Sana makasuhan silang lahat at makulong sa dami ng ninakaw nilang pera ng gobyerno,” Magalong said.
    Alvarez said discrepancies between recorded earnings and original receipts kept in city archives were discovered after they did a review.
    Alvarez said the suspects tried to conceal the theft by padding receipts.
    She said her review covered accounts dating back to 2020, upon the mayor’s instructions.
    The missing income has been too high not to have been noticed by local accountants, Magalong said, adding, more employees may be involved in the scheme which spanned 10 years or more.
    He said about 20 employees were suspected of being involved in the racket, although evidence suggests malversation may have begun much earlier.
    A revamp of the collection team members overseeing market revenues is taking place, Magalong said.
    “We will also require digital payments from merchants,” he said, noting that this would keep better records of market transactions.
    “We first detected this scheme in 2019, but it stopped. They resumed but they were more brazen this time,” Magalong said.
    He said a trader, for instance, would receive a receipt indicating he paid P3,000 but the receipt submitted to the treasury showed the payment was only P120.
    “Or there was a payment of P6,000 but the padded receipt turned over to the treasury shows payments of P4,290,” Magalong said.
    One collector submitted a receipt for P70 but actually received P4,000, he added.
    Baguio vendors were unaware of the scheme and were made to believe they paid their obligations in full, Alvarez said.
    Magalong said the treasury employees in the complaint collected huge amounts of money through the city’s “kwartais” system but they reflected different amounts on the city’s official receipts.
    Magalong cited another example where when stall owners in the public market pay P3,000, the employee who collected the amount will write only P20 on the receipt.
    He said the practice was being done for a long time and it had been a corrupt tradition of erring public servants that cost the city millions and even billions of pesos worth of revenue.
    Magalong said they already caught one before in 2019 and this time, it is of larger quantity.
    Earlier, two employees of the same office had already been charged. Magalong vowed that more cases are expected in the coming days.
    The public market was one of the first institutions put up by the American colonial government after it built and chartered Baguio City in 1909.
    It is the subject of a modernization plan as part of Baguio’s redevelopment. – With reports from JMPS/APR

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Baguio mayor files case vs DPWH execs, contractor

‘Graft and corruption’ 

BAGUIO CITY -- Mayor Benjamin B. Magalong formally filed a complaint against eight officials of the Baguio City District Engineering Office of the Dept. of Public Works and Highways (BCDEO-DPWH) and a private contractor for alleged violation of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.
    The affidavit-complaint was received by the Office of the Ombudsman in Quezon City last July 5, 2022.
     Named respondents were BCDEO District Engineer Rene F. Zarate; Assistant District Engineer Glenn V. Reyes; and Engineers Cesario L. Rillera, Gil L. Nuque and Nora R. Delos Santos, Alfredo O. Bannagao Jr; Project Engineer Tedler Depaynos and Administrative Officer V Maria Luisa V. Batac; and Wilfredo E. Gopeng of W.E.G. Construction.
     The complaint stemmed from a DPWH-funded project worth P10.4 million for an off-carriageway improvement of a tertiary road along A. Bonifacio Road with contract duration of 120 calendar days.
     The project was awarded to W.E.G. Construction through public bidding with the contract dated September 16, 2021.
     In his complaint, Magalong alleged that the project was disadvantageous to the government and constitutes corrupt practices due to the contractor’s failure to remedy the defects, deficiencies and recommendations of the BCDEO’s Project Engineer Loida L. Taynec and Chief Construction Section Alfredo O. Bannagao, Jr. dated May 16, 2022.
    Another inspection on the project site was conducted by the City Engineering Office Maintenance Division Engineering Assistant Rodel Q. Lagare upon the complaint of Raey Leal, a concerned citizen relative to the above-mentioned project.
     Magalong said that a confirmatory inspection was conducted by City Engineer Edgar Victorio Olpindo and City Buildings and Architecture Officer Johny Degay on June 7, 2022 and “discovered that the materials used in the project are substandard and defective resulting to poor construction.”
    In a television interview by PTV Cordillera to engineer Zarate on June 8, 2022, the District Engineer was quoted by Magalong saying “that the project is not substandard but only defective as to some parts only.”
    On June 9, the DPWH-BCDEP furnished the contractor a Notice of Defects/Deficiencies with a directive to commence the repair works within seven days and to complete the works within 30 days.
    The DPWH-BCDEO listed five defects: insufficient concrete paving blocks on directional and warning tactile in all PWD ramps per the approved plan; cement floor finish tenting “kapak” or hallow sound heard when tile adhesive and cement were poorly applied; unfinish driveway concreting and porac sand was not used on floor finish; transverse cracks at cement floor finish lacking cement mortar; and, spoiled concrete on the cement floor finish.
    Despite the notice, Magalong alleged that the DPWH-BCDEO’s action was only an afterthought to the inspection he led with Olpindo and Degay.
    “It only shows that the BCDEO officials are not assigning personnel to supervise or oversee the projects being undertaken by their office,” Magalong added.
    The mayor said that up to the date of filing, the contractor with the tolerance of the BCDEO officials, “purposely failed to undertake necessary corrective measures to address the defects/deficiencies as stated in the 16 May 2022 punchlist. Despite of the slippage of more than 30 days from the expiration of the original 120-day period to finish the project, the project is still ongoing without the contract being terminated. Instead, the implementing agency merely subjected the contractor to liquidated damages.”
    Magalong hopes that the complaint will serve as a test case to spur improvement in the implementation of government infrastructure projects. - JMPS/PIO BAGUIO

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