Ombudsman Conchita Carpio Morales yesterday reversed the Joint Resolution dated June 15, 2009 that dismissed the criminal and administrative charges filed by spouses Felipe and Evelyn Pestaño for the murder of their son, Ensign Philip Andrew Pestaño.
In a 21-page Joint Order that granted the Pestaño spouses’ Motion for Reconsideration, Ombudsman Morales found probable cause to indict Naval Captain Ricardo Ordoñez and nine other naval officials for Murder.
Ombudsman Morales also found the respondents administratively liable for Grave Misconduct and ordered them dismissed from service.
The nine other naval officials are Cdr. Reynaldo Lopez, HM2 Welmenio Aquino, LCdr. Luidegar Casis, LCdr. Alfrederick Alba, MR2 Sandy Miranda, LCdr. Joselito Colico, LCdr. Ruben Roque, Petty Officer 1st Class Carlito Amoroso, and Petty Officer 2nd Class Mil Leonor Igcasan.
The Ombudsman ruled out the suicide theory as she found prima facie case of conspiracy to commit murder, after taking a hard look at the case including the additional evidence unearthed in the AFP investigation which were made available to the complainants ten years after the death of Ensign Pestaño.
The Information for murder was filed today, January 10, 2012 with the Sandiganbayan. ams/ Dir. Edgardo C. Diansuy, MAB-OMB
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Showing posts with label OMB NEWS. Show all posts
Showing posts with label OMB NEWS. Show all posts
Wednesday, January 11, 2012
Friday, December 9, 2011
OMB PROMOTES INTEGRITY DURING INT’L ANTI-CORRUPTION DAY
The Philippines joins other United Nations-member countries in celebrating International Anti-Corruption Day today (09 December 2011) through the signing of a covenant among all branches of government and the private sector for a unified and vigorous effort against corruption.
The event shall be held at the Garden Ballroom of the EDSA Shangri-La Manila in Ortigas Center, Mandaluyong City.
Ombudsman Conchita Carpio Morales leads the signing of the covenant together with the heads of the different branches of government: Executive Secretary Paquito ‘Jojo’ N. Ochoa for the Executive department; Senate President Juan Ponce Enrile for the Senate; Speaker Feliciano ‘Sonny’ R. Belmonte for the House of Representatives; Court Administrator Jose Midas P. Marquez and Sandiganbayan Presiding Justice Francisco H,. Villaruz, Jr. for the Judiciary; and Mr. Tan Ching , President of the Federation of Filipino-Chinese Chambers of Commerce and Industry, Inc. (FFCCCII) for the private sector and Pura Sumangil, Chairperson of the Concerned Citizens of Abra for Good Government (CCAGG) and the Northern Luzon Coalition For Good Governance (NLCGG) for the civil society.
Under the Covenant to Support the National Anti-Corruption Program of Action (NACPA), the parties will commit to “come together and join hands in supporting an anti-corruption convergence process that will promote wide, continuing, and effective participatory consultations among the various stakeholders against corruption and align all anti-corruption initiatives undertaken by government, civil society, and the private sector under a unified comprehensive strategic framework”.
Ombudsman Morales will also lead the signing of the Memorandum of Understanding (MOU) on the establishment of a Steering Committee to implement the Project on the Asia Pacific Economic Cooperation (APEC) Code of Conduct for Business with representatives from the government: Depts. Of Foreign Affairs and Trade and Industry and Securities and Exchange Commission, and from the private sector: National Competitiveness Council, Women’s Business Council of the Philippines and the Asian Institute of Management.
Under the said MOU, the parties “have agreed to join hands as a multi-sectoral Steering Committee to develop and implement the Philippine-proposed Seminar-Workshop for the Implementation of APEC Code of Conduct for Business and to oversee the implementation of the Operationalization Programme”.
The two-day seminar-workshop which aims to increase awareness among micro, small and medium enterprises “that corruption is an unacceptable practice according to law” is set to be held in the first quarter of next year.
The annual assembly of the Multi-Sectoral Anti-Corruption Council (MSACC) shall also be held on the same day. MSACC serves as the advisory and consultative body of the NACPA. Dir. Edgardo C. Diansuy, Media Affairs Bureau, Office of the Ombudsman
The event shall be held at the Garden Ballroom of the EDSA Shangri-La Manila in Ortigas Center, Mandaluyong City.
Ombudsman Conchita Carpio Morales leads the signing of the covenant together with the heads of the different branches of government: Executive Secretary Paquito ‘Jojo’ N. Ochoa for the Executive department; Senate President Juan Ponce Enrile for the Senate; Speaker Feliciano ‘Sonny’ R. Belmonte for the House of Representatives; Court Administrator Jose Midas P. Marquez and Sandiganbayan Presiding Justice Francisco H,. Villaruz, Jr. for the Judiciary; and Mr. Tan Ching , President of the Federation of Filipino-Chinese Chambers of Commerce and Industry, Inc. (FFCCCII) for the private sector and Pura Sumangil, Chairperson of the Concerned Citizens of Abra for Good Government (CCAGG) and the Northern Luzon Coalition For Good Governance (NLCGG) for the civil society.
Under the Covenant to Support the National Anti-Corruption Program of Action (NACPA), the parties will commit to “come together and join hands in supporting an anti-corruption convergence process that will promote wide, continuing, and effective participatory consultations among the various stakeholders against corruption and align all anti-corruption initiatives undertaken by government, civil society, and the private sector under a unified comprehensive strategic framework”.
Ombudsman Morales will also lead the signing of the Memorandum of Understanding (MOU) on the establishment of a Steering Committee to implement the Project on the Asia Pacific Economic Cooperation (APEC) Code of Conduct for Business with representatives from the government: Depts. Of Foreign Affairs and Trade and Industry and Securities and Exchange Commission, and from the private sector: National Competitiveness Council, Women’s Business Council of the Philippines and the Asian Institute of Management.
Under the said MOU, the parties “have agreed to join hands as a multi-sectoral Steering Committee to develop and implement the Philippine-proposed Seminar-Workshop for the Implementation of APEC Code of Conduct for Business and to oversee the implementation of the Operationalization Programme”.
The two-day seminar-workshop which aims to increase awareness among micro, small and medium enterprises “that corruption is an unacceptable practice according to law” is set to be held in the first quarter of next year.
The annual assembly of the Multi-Sectoral Anti-Corruption Council (MSACC) shall also be held on the same day. MSACC serves as the advisory and consultative body of the NACPA. Dir. Edgardo C. Diansuy, Media Affairs Bureau, Office of the Ombudsman
Saturday, December 3, 2011
Rep. Radaza, 19 Others, Ordered Charged for Overpriced Computers
Ombudsman Conchita Carpio Morales ordered the filing of graft charges against former Lapu-lapu City Mayor now Rep. Arturo O. Radaza and other local officials of Lapu-lapu City, Cebu for the irregular purchase of personal computers in 2005.
In the Information approved by Ombudsman Morales, named respondents were then Lapu-lapu City Mayor Radaza, City Schools Superintendent Serena Uy, former Bids and Awards Committee (BAC) Chairman Vincent Joseph Lim, current BAC Chairman Teodulo Ybanez, BAC Vice-Chairman Fernando Tagaan, Jr., and BAC members Michael Dignos, Victoria Andoy, and Elena Pacaldo.
Also impleaded were Technical Working Group (TWG) Head Rogelio Veloso and TWG members Cipirano Flores, Sharon Baguio, Buenaventura Igot, Jerico Mercado and Maribeth Sorono, Administrative Aide III Marita Guiao of the Procurement Section, and Inspection Committee members Cleofe Solis, Leandro Dante, Ernesto Imbong, and Rogaciano Tampus, and private individual Jennet Valencia, Manager and Proprietor of Kein Enterprises (KE).
The case arose from a complaint filed by the Coralpoint Educational Foundation, Inc. in Lapu-lapu City against the said officials for allegedly conspiring with each other in causing the overpriced purchase of 470 computer units for the national and public high schools of Lapu-lapu City.
The complaint alleged that then Mayor Radaza approved a Purchase Request by the Dept. of Education , Lapu-lapu City Division for the acquisition of the said computers, estimated at P50,000 each for a total of P23.5M.
During the bidding process, only KE qualified. KE offered and was subsequently awarded the contract to supply 470 computer units at P49,950 each, for a total price of P23,476,500.
Investigation conducted by OMB-Visayas revealed that KE delivered items which were of inferior quality hence , was not in compliance with that specified in the Purchase Order. It was also revealed prevailing market price for the computers with the same specifications was only P23,100 per unit or a total amount of only P10,857,000 or a difference of P12,619,500.
OMB-Visayas investigators stated that the “disparity of P26,850 (P49,950 less P23,100) or a mark-up of 116% from P23,100” is far beyond the 10% which is allowed under Sec.3.1 of Commission on Audit (COA) Memorandum No. 97-012 s. 1997.
They added that “it is clear that respondents acted with manifest partiality for Ken Enterprises and with evident bad faith against the government.”
Hence, each of the above-stated respondents was ordered charged with Violation of Sec. 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act) before the Sandiganbayan.
Bail recommended was P30,000 each. Ombudsman Media Bureau
In the Information approved by Ombudsman Morales, named respondents were then Lapu-lapu City Mayor Radaza, City Schools Superintendent Serena Uy, former Bids and Awards Committee (BAC) Chairman Vincent Joseph Lim, current BAC Chairman Teodulo Ybanez, BAC Vice-Chairman Fernando Tagaan, Jr., and BAC members Michael Dignos, Victoria Andoy, and Elena Pacaldo.
Also impleaded were Technical Working Group (TWG) Head Rogelio Veloso and TWG members Cipirano Flores, Sharon Baguio, Buenaventura Igot, Jerico Mercado and Maribeth Sorono, Administrative Aide III Marita Guiao of the Procurement Section, and Inspection Committee members Cleofe Solis, Leandro Dante, Ernesto Imbong, and Rogaciano Tampus, and private individual Jennet Valencia, Manager and Proprietor of Kein Enterprises (KE).
The case arose from a complaint filed by the Coralpoint Educational Foundation, Inc. in Lapu-lapu City against the said officials for allegedly conspiring with each other in causing the overpriced purchase of 470 computer units for the national and public high schools of Lapu-lapu City.
The complaint alleged that then Mayor Radaza approved a Purchase Request by the Dept. of Education , Lapu-lapu City Division for the acquisition of the said computers, estimated at P50,000 each for a total of P23.5M.
During the bidding process, only KE qualified. KE offered and was subsequently awarded the contract to supply 470 computer units at P49,950 each, for a total price of P23,476,500.
Investigation conducted by OMB-Visayas revealed that KE delivered items which were of inferior quality hence , was not in compliance with that specified in the Purchase Order. It was also revealed prevailing market price for the computers with the same specifications was only P23,100 per unit or a total amount of only P10,857,000 or a difference of P12,619,500.
OMB-Visayas investigators stated that the “disparity of P26,850 (P49,950 less P23,100) or a mark-up of 116% from P23,100” is far beyond the 10% which is allowed under Sec.3.1 of Commission on Audit (COA) Memorandum No. 97-012 s. 1997.
They added that “it is clear that respondents acted with manifest partiality for Ken Enterprises and with evident bad faith against the government.”
Hence, each of the above-stated respondents was ordered charged with Violation of Sec. 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act) before the Sandiganbayan.
Bail recommended was P30,000 each. Ombudsman Media Bureau
Thursday, November 24, 2011
Ombudsman Carpio Morales Approves Panel’s Report on ‘Chopper’ Case
Ombudsman Conchita Carpio Morales approved yesterday the Investigation Report recommending the conduct of preliminary investigation and administrative adjudication on the alleged anomalous acquisition by the Philippine National Police (PNP) of two Light Operational Police Helicopters (Chopper Case).
The Special Panel of Investigators, composed of Deputy Special Prosecutor John Turralba and Assistant Ombudsman Joselito Fangon as chairpersons, and Director Maria Olivia Elena Roxas, Graft Investigation and Prosecution Officer Dennis Mendoza, and Graft Investigation and Prosecution Officer John Zernan Sambajon as members, submitted the Investigation Report on time on November 21, 2011.
The panel acted in compliance with the Ombudsman’s directive dated October 13, 2011 and that issued on October 21, 2011 granting it a 30-day additional period within which to conclude the fact-finding investigation on the Report submitted by the Senate Blue Ribbon Committee and the Complaint filed by the PNP Criminal Investigation and Detection Group.
In its 98-page Investigation Report, the fact-finding panel found enough evidence to file criminal and/or administrative charges of (i) Violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act against Jose Miguel “Mike” Arroyo, former DILG Secretary Ronaldo Puno, former PNP Director General Jesus VErzosa, Hilario de Vera, Napolcom Commissioners AVelino Razon Jr., Miguel Coronel, Celia SAnidad-Leones, Director Conrado Sumanga,Jr., and 28 other PNP officers and personnel; (ii) Falsification by Public Officers under Article 171 of the Revised Penal Code against 16 PNP officers and personnel; and (iii) Gross Neglect of Duty and Conduct Prejudicial to the Best Interest of Service against 21 PNP Officers and personnel.
The fact-finding investigators, as nominal complainants, are filing the formal Complaint/s before a Special Panel of Investigating Prosecutors, created today by Ombudsman Carpio Morales, composed of Director Manuel Soriano,Jr., Director Omar Sagadal, and Director Dennis Garcia, which was given a period of 60 days from the filing of the complaint/s within which to conduct the preliminary investigation and administrative adjudication, and submit its report and recommendation. Ombudsman Media Bureau
The Special Panel of Investigators, composed of Deputy Special Prosecutor John Turralba and Assistant Ombudsman Joselito Fangon as chairpersons, and Director Maria Olivia Elena Roxas, Graft Investigation and Prosecution Officer Dennis Mendoza, and Graft Investigation and Prosecution Officer John Zernan Sambajon as members, submitted the Investigation Report on time on November 21, 2011.
The panel acted in compliance with the Ombudsman’s directive dated October 13, 2011 and that issued on October 21, 2011 granting it a 30-day additional period within which to conclude the fact-finding investigation on the Report submitted by the Senate Blue Ribbon Committee and the Complaint filed by the PNP Criminal Investigation and Detection Group.
In its 98-page Investigation Report, the fact-finding panel found enough evidence to file criminal and/or administrative charges of (i) Violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act against Jose Miguel “Mike” Arroyo, former DILG Secretary Ronaldo Puno, former PNP Director General Jesus VErzosa, Hilario de Vera, Napolcom Commissioners AVelino Razon Jr., Miguel Coronel, Celia SAnidad-Leones, Director Conrado Sumanga,Jr., and 28 other PNP officers and personnel; (ii) Falsification by Public Officers under Article 171 of the Revised Penal Code against 16 PNP officers and personnel; and (iii) Gross Neglect of Duty and Conduct Prejudicial to the Best Interest of Service against 21 PNP Officers and personnel.
The fact-finding investigators, as nominal complainants, are filing the formal Complaint/s before a Special Panel of Investigating Prosecutors, created today by Ombudsman Carpio Morales, composed of Director Manuel Soriano,Jr., Director Omar Sagadal, and Director Dennis Garcia, which was given a period of 60 days from the filing of the complaint/s within which to conduct the preliminary investigation and administrative adjudication, and submit its report and recommendation. Ombudsman Media Bureau
Saturday, November 12, 2011
Ombudsman Conchita Carpio Morales suspends two Fire Officials
The Office of the Ombudsman suspended two officials of the Bureau of Fire Protection (BFP) for nine months for defrauding a fire victim of her just monetary claims against an insurance company in 2008.
In a 12-page decision approved by Ombudsman Conchita Carpio Morales, the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (MOLEO) found F/CSUPT Rolando M. Bandilla, Jr., Acting Chief, Intelligence Division and F/CINSP Jhufel M. Brañanola, Chief, Investigation Division, both of the BFP, guilty of Conduct Prejudicial to the Best Interest of the Service.
The case stemmed from a complaint filed by one Emma C. L. Lin, owner of a property located at Cabyawan, Plaridel, Bulacan which was leased to three different companies and was insured under two Fire Policies in the amount of P56M and P20M with the Malayan Insurance Company Incorporated.
In her complaint, Lin alleged that Brañanola offered substantial amounts of money to three other Fire Officers “to create a doubt as to their earlier findings that the cause of the fire was accidental in nature” and that Bandilla “used his official position to whimsically and arbitrarily accede to the request of Malayan for the reevaluation of the 2nd Report despite strong opposition on the part of the complainant.”
Records of the case revealed that on February 24, 2008 at around 3:00 A.M, a fire broke out within complainant’s property. The fire incident, which reached 4th alarm fire status, was declared officially “fire-out” at around 7:00 A.M. As such, the property was destroyed by fire, including all other properties found therein.
In the first findings of the BFP, it was reported that the “fire incident was accidental in nature,” and that “the cause of the fire can attributed to electrical ignition primarily due to grounding.”
After receiving a Fire Clearance Certification, Lin filed her claim before Malayan but her claim was denied by the insurance company, prompting her to elevate the matter before the Insurance Commission.
On April 20, 2009, Bandilla issued an order for the composition of the Panel of Arson Investigators to re-investigate the fire incident.
Subsequently, on June 11, 2009, Insurance Commissioner Eduardo Malinis recommended that the company should reconsider its denial of the insurance claim of the complaint.
This prompted Malayan to request for reconsideration from BFFP of its 2nd report.
A second Panel led by Brañanola was created through a memorandum issued by Bandilla.
The panel recommended to the Acting Chief, BFP to consider and declare [the] fire incident that gutted the [subject property] to be “undetermined” due to the alleged contradicting findings of the BFP and the forensic report conducted by Malayan. The said report was approved and signed by Bandilla.
In her letter-request to the National Bureau of Investigation (NBI), Lin asked the bureau to probe the alleged irregularities in the issuance of the BFP’s third findings.
On the basis of its own investigation, the Anti-Fraud and Computer Crimes Division of the NBI found that “by their collective acts of defrauding the fire victims, an inference can be drawn that Bandilla…and Brañanola acted in conspiracy with each other in order to create doubt in the findings of the BFP.”
Based on her complaint before the Anti-Graft Office, Lin stated that she was defrauded of her just monetary insurance claims against Malayan through the said respondents’ sinister acts.
In its ruling, the Office said that “ with all the foregoing elucidations, this Office finds sufficient substantial evidence against respondents for the administrative transgression of conduct prejudicial to the best interest of the service for they acted in conspiracy in the discharge of their respective official administrative functions, so as to create doubts as to its previous findings and with the end view of having complainant’s legitimate insurance claim denied, through manifest partiality and evident bad faith xxx” .
Justice Morales ordered Department of Interior and Local Government Secretary Jesse Robredo to immediately implement the suspension.
At the same time, charges of Violation of Sec. 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act) were filed against the two Fire Officers before the Sandiganbayan. Ombudsman Media Bureau
In a 12-page decision approved by Ombudsman Conchita Carpio Morales, the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (MOLEO) found F/CSUPT Rolando M. Bandilla, Jr., Acting Chief, Intelligence Division and F/CINSP Jhufel M. Brañanola, Chief, Investigation Division, both of the BFP, guilty of Conduct Prejudicial to the Best Interest of the Service.
The case stemmed from a complaint filed by one Emma C. L. Lin, owner of a property located at Cabyawan, Plaridel, Bulacan which was leased to three different companies and was insured under two Fire Policies in the amount of P56M and P20M with the Malayan Insurance Company Incorporated.
In her complaint, Lin alleged that Brañanola offered substantial amounts of money to three other Fire Officers “to create a doubt as to their earlier findings that the cause of the fire was accidental in nature” and that Bandilla “used his official position to whimsically and arbitrarily accede to the request of Malayan for the reevaluation of the 2nd Report despite strong opposition on the part of the complainant.”
Records of the case revealed that on February 24, 2008 at around 3:00 A.M, a fire broke out within complainant’s property. The fire incident, which reached 4th alarm fire status, was declared officially “fire-out” at around 7:00 A.M. As such, the property was destroyed by fire, including all other properties found therein.
In the first findings of the BFP, it was reported that the “fire incident was accidental in nature,” and that “the cause of the fire can attributed to electrical ignition primarily due to grounding.”
After receiving a Fire Clearance Certification, Lin filed her claim before Malayan but her claim was denied by the insurance company, prompting her to elevate the matter before the Insurance Commission.
On April 20, 2009, Bandilla issued an order for the composition of the Panel of Arson Investigators to re-investigate the fire incident.
Subsequently, on June 11, 2009, Insurance Commissioner Eduardo Malinis recommended that the company should reconsider its denial of the insurance claim of the complaint.
This prompted Malayan to request for reconsideration from BFFP of its 2nd report.
A second Panel led by Brañanola was created through a memorandum issued by Bandilla.
The panel recommended to the Acting Chief, BFP to consider and declare [the] fire incident that gutted the [subject property] to be “undetermined” due to the alleged contradicting findings of the BFP and the forensic report conducted by Malayan. The said report was approved and signed by Bandilla.
In her letter-request to the National Bureau of Investigation (NBI), Lin asked the bureau to probe the alleged irregularities in the issuance of the BFP’s third findings.
On the basis of its own investigation, the Anti-Fraud and Computer Crimes Division of the NBI found that “by their collective acts of defrauding the fire victims, an inference can be drawn that Bandilla…and Brañanola acted in conspiracy with each other in order to create doubt in the findings of the BFP.”
Based on her complaint before the Anti-Graft Office, Lin stated that she was defrauded of her just monetary insurance claims against Malayan through the said respondents’ sinister acts.
In its ruling, the Office said that “ with all the foregoing elucidations, this Office finds sufficient substantial evidence against respondents for the administrative transgression of conduct prejudicial to the best interest of the service for they acted in conspiracy in the discharge of their respective official administrative functions, so as to create doubts as to its previous findings and with the end view of having complainant’s legitimate insurance claim denied, through manifest partiality and evident bad faith xxx” .
Justice Morales ordered Department of Interior and Local Government Secretary Jesse Robredo to immediately implement the suspension.
At the same time, charges of Violation of Sec. 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act) were filed against the two Fire Officers before the Sandiganbayan. Ombudsman Media Bureau
Thursday, November 10, 2011
PNP Officials Convicted of Graft
The Sandiganbayan convicted two retired and seven active police officials for graft in connection with the P38 million worth of ghost purchases in 1992.
In a 44-page decision penned by Associate Justice Alexander G. Gesmundo, the Anti- Graft Court’s Fifth Division meted out a penalty of 6 years and 1 month to ten years imprisonment against Chief Supt. (ret.) Everlino Nartatez; Sr. Supt. (ret.) Alejandro A. Camello; Supts. Obedio Espeña and Alejandro Camello; Chief Inspectors Jose de Vera and Adolfo Pamplona Sr.; Sr. Insps. Lloyd Cawan and Leo Marzan; and PO3 Ramon Lihay-lihay for violation of Section 3 (e) of Republic Act No. 3019 (Anti- Graft and Corrupt Practices Act).
The Court ordered them to pay the government jointly and severally the amount of P 38,275,573.50 that was paid for by the Philippine National Police (PNP) for the Combat Clothing and Individual Equipment (CCIE) but were never delivered.
They were also perpetually disqualified from holding any government position.
Records of the case showed that to avoid scrutiny by higher authorities, the multi-million peso deal was maliciously divided into 29 purchases orders from February to June 1992.
Then Director of the PNP Logistics and Support Command Nartatez, was the one who approved the purchase orders (POs) where the splitting of contracts occurred.
Marzan acted as the purchasing officer while Espeña, then chief of the PNP Procurement Center, was the one who requested the purchases of the equipment.
The one who recommended approval of the POs and certified that the expenses were necessary and lawful was Camello, according to the records.
The rest, meanwhile, were found guilty of conspiring with the higher ranking officials when they signed the inspection and acceptance report to make it appear that there was actual delivery of the CCIE.
The Prosecution Team led by Deputy Special Prosecution John I. C. Turalba of the Office of the Special Prosecutor was able to prove that there were no deliveries made of the said equipment.
In its ruling, the Court noted that there was “a pattern of splitting the POs and checks so the[se] may fall within the signing authority of accused Nartatez. This casts serious doubt on the regularity of the issuance of the POs, DVs (disbursement Voucher), and checks payments.”
Concurring with the ruling were Associate Justices Alex L. Quiroz and Roland B. Jurado. Ombudsman Media Bureau
In a 44-page decision penned by Associate Justice Alexander G. Gesmundo, the Anti- Graft Court’s Fifth Division meted out a penalty of 6 years and 1 month to ten years imprisonment against Chief Supt. (ret.) Everlino Nartatez; Sr. Supt. (ret.) Alejandro A. Camello; Supts. Obedio Espeña and Alejandro Camello; Chief Inspectors Jose de Vera and Adolfo Pamplona Sr.; Sr. Insps. Lloyd Cawan and Leo Marzan; and PO3 Ramon Lihay-lihay for violation of Section 3 (e) of Republic Act No. 3019 (Anti- Graft and Corrupt Practices Act).
The Court ordered them to pay the government jointly and severally the amount of P 38,275,573.50 that was paid for by the Philippine National Police (PNP) for the Combat Clothing and Individual Equipment (CCIE) but were never delivered.
They were also perpetually disqualified from holding any government position.
Records of the case showed that to avoid scrutiny by higher authorities, the multi-million peso deal was maliciously divided into 29 purchases orders from February to June 1992.
Then Director of the PNP Logistics and Support Command Nartatez, was the one who approved the purchase orders (POs) where the splitting of contracts occurred.
Marzan acted as the purchasing officer while Espeña, then chief of the PNP Procurement Center, was the one who requested the purchases of the equipment.
The one who recommended approval of the POs and certified that the expenses were necessary and lawful was Camello, according to the records.
The rest, meanwhile, were found guilty of conspiring with the higher ranking officials when they signed the inspection and acceptance report to make it appear that there was actual delivery of the CCIE.
The Prosecution Team led by Deputy Special Prosecution John I. C. Turalba of the Office of the Special Prosecutor was able to prove that there were no deliveries made of the said equipment.
In its ruling, the Court noted that there was “a pattern of splitting the POs and checks so the[se] may fall within the signing authority of accused Nartatez. This casts serious doubt on the regularity of the issuance of the POs, DVs (disbursement Voucher), and checks payments.”
Concurring with the ruling were Associate Justices Alex L. Quiroz and Roland B. Jurado. Ombudsman Media Bureau
Saturday, October 22, 2011
Statement of Assistant Ombudsman Asryman T. Rafanan on the "Chopper Case"
In compliance with the Ombudsman’s directive dated October 13, 2011, the Panel of Investigators submitted today an Initial Evaluation Report which recommends a period of thirty (30) days for it to validate the voluminous documents, in coordination with the concerned government agencies, and submit a Final Investigation Report. Ombudsman Media Bureau
Tuesday, August 16, 2011
Ombudsman Conchita Carpio Morales orders the hiring of new lawyers
In a bid to ensure the speedy disposition of cases at the Office of the Ombudsman, Ombudsman Conchita Carpio Morales has ordered the hiring of more than a hundred lawyers for the Office.
This is one of the first steps taken by the newly-appointed Ombudsman upon her assumption to said office.
Ombudsman Morales said the Office “intends to hire more than a hundred lawyers as Graft Investigation and Prosecution Officers and Assistant Special Prosecutors.”
She said the Office is looking for competent lawyers with unquestionable integrity, who have at least three years of relevant experience in the practice of law. Interested parties are advised to await the vacancy announcement and bulletin updates to be published at the OMB website (www.ombudsman.gov.ph) for other qualification standards and further details.
At present, Ombudsman Morales is conducting and overseeing an intensive assessment and review of the existing systems and programs of the Office through a series of consultations and strategic planning during the transition phase.
This is the reason the Ombudsman has not granted interviews with the Office’ media partners. She thus begs the “indulgence of our partners in the media industry”. She said however that the Office is committed to transparency in informing the public of its immediate program of action and concrete plans once they are finalized after a series of consultations and strategic planning. Ombudsman Media Bureau
This is one of the first steps taken by the newly-appointed Ombudsman upon her assumption to said office.
Ombudsman Morales said the Office “intends to hire more than a hundred lawyers as Graft Investigation and Prosecution Officers and Assistant Special Prosecutors.”
She said the Office is looking for competent lawyers with unquestionable integrity, who have at least three years of relevant experience in the practice of law. Interested parties are advised to await the vacancy announcement and bulletin updates to be published at the OMB website (www.ombudsman.gov.ph) for other qualification standards and further details.
At present, Ombudsman Morales is conducting and overseeing an intensive assessment and review of the existing systems and programs of the Office through a series of consultations and strategic planning during the transition phase.
This is the reason the Ombudsman has not granted interviews with the Office’ media partners. She thus begs the “indulgence of our partners in the media industry”. She said however that the Office is committed to transparency in informing the public of its immediate program of action and concrete plans once they are finalized after a series of consultations and strategic planning. Ombudsman Media Bureau
Tuesday, July 26, 2011
18 counts of Usurpation of Authority ordered filed against a former Councilor of Pili, Camarines Sur
ACTING OMBUDSMAN ORLANDO CASIMIRO ordered the filing of criminal charges against former Sangguniang Panlalawigan Councilor Carlomagno M. Batalla of Pili, Camarines Sur before the Sandiganbayan.
Batalla was ordered charged with 18 counts of Usurpation of Authority or Official Function as defined and penalized under Article 177 of the Revised Penal Code (RPC).
The charges stemmed from Batalla’s acts committed in January-June 2008 wherein he feloniously performed an act pertaining to the Provincial Governor of Camarines Sur, or his authorized representative. Batalla signed and verified as to the prescribed office hours for the Daily Time Record (DTR) of Xandrex M. Batalla, Julian B. Dela Cruz, and Henry M. Perez, who are job order workers assigned at the Provincial Governor’s Office. The Province uses a computerized biometric machine and video camera to capture the attendance of its employees.
During investigation, it was established that the three employees were not under Batalla’s direct supervision and control, thus he was clearly unauthorized to sign and verify as to the truth and correctness of the entries made in the DTRs of the three employees. It was the Office of the Provincial Governor or the Executive Assistant, being the overall administrator of the office that was authorized to do the same under the circumstance.
Bail recommended is P10,000 for each information. Ombudsman Media Bureau
Batalla was ordered charged with 18 counts of Usurpation of Authority or Official Function as defined and penalized under Article 177 of the Revised Penal Code (RPC).
The charges stemmed from Batalla’s acts committed in January-June 2008 wherein he feloniously performed an act pertaining to the Provincial Governor of Camarines Sur, or his authorized representative. Batalla signed and verified as to the prescribed office hours for the Daily Time Record (DTR) of Xandrex M. Batalla, Julian B. Dela Cruz, and Henry M. Perez, who are job order workers assigned at the Provincial Governor’s Office. The Province uses a computerized biometric machine and video camera to capture the attendance of its employees.
During investigation, it was established that the three employees were not under Batalla’s direct supervision and control, thus he was clearly unauthorized to sign and verify as to the truth and correctness of the entries made in the DTRs of the three employees. It was the Office of the Provincial Governor or the Executive Assistant, being the overall administrator of the office that was authorized to do the same under the circumstance.
Bail recommended is P10,000 for each information. Ombudsman Media Bureau
Sunday, July 24, 2011
Two Manila City Hall employees ordered charged for counterfeiting of subpoenas
Acting Ombudsman Orlando C. Casimiro ordered the filing of criminal and administrative charges against two employees of the local government of Manila who were arrested for counterfeiting of subpoenas.
Engr. Edwin Macadangdang and Antonio Gapasin, both employees of the Manila City Hall, were caught in an entrapment operation by the combined elements of the Office of the Ombudsman’ Field Investigation Office (OMB-FIO) and the Philippine National Police-Criminal Investigation and Detection Group-National Capital Region (PNP-CIDG-NCR).
They are facing an administrative case for grave misconduct (Section 52 (a) (3) Rule IV, of the CSC Resolution No. 99-1936), usurpation of authority or official function (Article 177 of the Revised Penal Code) and falsification by public officer (Article 171 of the RPC).
Records show that the modus operandi of the respondents involves the issuing of bogus subpoenas which they direct to numerous government agencies requiring them to submit written documents to a specified Post Office (PO) Box.
It was learned that Gapasin and Macadangdang maintained a PO Box No. 1180 in the Quezon City Central Post Office which was suspiciously registered under the name of one “Orlando C. Casimiro” (the Acting Ombudsman).
In coordination with the PNP-CIDG, the FIO’s Intelligence Bureau conducted a surveillance operation relative to the illegal activity of the duo which comprises of forging of subpoenas from July 14-18, 2011.
The authorities then conducted entrapments which led to the separate arrests of Gapasin and Macadangdang, who were using Acting Ombudsman Casimiro’s name.
Gapasin was caught at the Quezon City Post Office, while Macadangdang was arrested at the City Engineer’s Office of the Manila City Hall.
Dir. Beda Epres of the Office of the Ombudsman’s Intelligence Bureau said the Office discovered the illegal doings of the two when one of the victims transmitted his response to the Office of the Ombudsman relative to the subpoena instead of sending it to their bogus PO Box.
Accused are currently detained at the CIDG, PNP at Camp Crame, Quezon City. Ombudsman Media Bureau
Engr. Edwin Macadangdang and Antonio Gapasin, both employees of the Manila City Hall, were caught in an entrapment operation by the combined elements of the Office of the Ombudsman’ Field Investigation Office (OMB-FIO) and the Philippine National Police-Criminal Investigation and Detection Group-National Capital Region (PNP-CIDG-NCR).
They are facing an administrative case for grave misconduct (Section 52 (a) (3) Rule IV, of the CSC Resolution No. 99-1936), usurpation of authority or official function (Article 177 of the Revised Penal Code) and falsification by public officer (Article 171 of the RPC).
Records show that the modus operandi of the respondents involves the issuing of bogus subpoenas which they direct to numerous government agencies requiring them to submit written documents to a specified Post Office (PO) Box.
It was learned that Gapasin and Macadangdang maintained a PO Box No. 1180 in the Quezon City Central Post Office which was suspiciously registered under the name of one “Orlando C. Casimiro” (the Acting Ombudsman).
In coordination with the PNP-CIDG, the FIO’s Intelligence Bureau conducted a surveillance operation relative to the illegal activity of the duo which comprises of forging of subpoenas from July 14-18, 2011.
The authorities then conducted entrapments which led to the separate arrests of Gapasin and Macadangdang, who were using Acting Ombudsman Casimiro’s name.
Gapasin was caught at the Quezon City Post Office, while Macadangdang was arrested at the City Engineer’s Office of the Manila City Hall.
Dir. Beda Epres of the Office of the Ombudsman’s Intelligence Bureau said the Office discovered the illegal doings of the two when one of the victims transmitted his response to the Office of the Ombudsman relative to the subpoena instead of sending it to their bogus PO Box.
Accused are currently detained at the CIDG, PNP at Camp Crame, Quezon City. Ombudsman Media Bureau
Saturday, July 23, 2011
DPWH-NCR Director ordered dismissed from the service for untruthful statements in his SALN
ACTING OMBUDSMAN ORLANDO CASIMIRO dismissed from the service a Regional Director of the Department of Public Works and Highways (DPWH) for making untruthful statements in his Statement of Assets, Liabilities and Networth (SALN).
Ordered dismissed from the service was Josefino N. Rigor, Director of the DPWH - National Capital Region (DPWH-NCR), after he was adjudged administratively liable for SERIOUS DISHONESTY and FALSIFICATION OF OFFICIAL DOCUMETNS.
The Acting Ombudsman acted on the Motion for Reconsideration filed by intervenor Sec. Rogelio L. Singson representing the DPWH, thru the Office of the Solicitor General.
It will be recalled that in an Order dated 29 April 2011, Rigor was adjudged guilty of simple negligence and fined P1,000 stemming from misrepresentations in the declarations contained in his SALN.
The Ombudsman resolved that the DPWH has the legal interest in the matter anchored on the right of the Department to select honest and trustworthy employees in order to preserve its integrity. The DPWH is entitled to intervene as the subject matter is of such direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.
The Acting Ombudsman found Rigor to have committed dishonesty for his deliberate and willful non-disclosure of properties registered in the name of his wife, Anastacia Corpus. Rigor indeed failed to disclose in his SALNs for 1999-2002, the properties of Anastacia including his business interests in two corporations: Kontrata Construction and Development Corporation and Disneyland Bus Line, Inc.
Additionally, it was ascertained in the investigation that the SALNs submitted by Rigor for 1972-1998 were reconstituted by Rigor and made it appear that these were the same SALNs that he executed from 1972 to 1998 when the truth is there are two different versions of the 29 SALNs. Moreover, these SALNs for 1972-1998 do not bear markings that they were officially received by the Department. The 1981-1998 SALNs are likewise not subscribed as required by law.
Acting Ombudsman Casimiro said, “From the foregoing, it can be deduced that there was malice or willful intention on the part of Josefino Rigor to commit a dishonest act when he surreptitiously reconstructed his old SALNs and misrepresented these reconstructed documents as copies of then existing in the DPWH official records.”
The Office of the Ombudsman directed the DPWH to immediately implement the decision. Ombudsman Media Bureau
Ordered dismissed from the service was Josefino N. Rigor, Director of the DPWH - National Capital Region (DPWH-NCR), after he was adjudged administratively liable for SERIOUS DISHONESTY and FALSIFICATION OF OFFICIAL DOCUMETNS.
The Acting Ombudsman acted on the Motion for Reconsideration filed by intervenor Sec. Rogelio L. Singson representing the DPWH, thru the Office of the Solicitor General.
It will be recalled that in an Order dated 29 April 2011, Rigor was adjudged guilty of simple negligence and fined P1,000 stemming from misrepresentations in the declarations contained in his SALN.
The Ombudsman resolved that the DPWH has the legal interest in the matter anchored on the right of the Department to select honest and trustworthy employees in order to preserve its integrity. The DPWH is entitled to intervene as the subject matter is of such direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.
The Acting Ombudsman found Rigor to have committed dishonesty for his deliberate and willful non-disclosure of properties registered in the name of his wife, Anastacia Corpus. Rigor indeed failed to disclose in his SALNs for 1999-2002, the properties of Anastacia including his business interests in two corporations: Kontrata Construction and Development Corporation and Disneyland Bus Line, Inc.
Additionally, it was ascertained in the investigation that the SALNs submitted by Rigor for 1972-1998 were reconstituted by Rigor and made it appear that these were the same SALNs that he executed from 1972 to 1998 when the truth is there are two different versions of the 29 SALNs. Moreover, these SALNs for 1972-1998 do not bear markings that they were officially received by the Department. The 1981-1998 SALNs are likewise not subscribed as required by law.
Acting Ombudsman Casimiro said, “From the foregoing, it can be deduced that there was malice or willful intention on the part of Josefino Rigor to commit a dishonest act when he surreptitiously reconstructed his old SALNs and misrepresented these reconstructed documents as copies of then existing in the DPWH official records.”
The Office of the Ombudsman directed the DPWH to immediately implement the decision. Ombudsman Media Bureau
Friday, July 22, 2011
Ombudsman files graft charges against Bedol
THE Office of the Ombudsman ordered the filing of graft charges against COMELEC Provincial Election Supervisor LINTANG HASIM BEDOL for irregularities committed during the May 2007 elections.
Deputy Ombudsman for Mindanao Humphrey Monteroso ordered the filing of charges against Bedol for violating Section 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act).
The case stemmed from a complaint filed by Atty. Ferdinand T. Rafanan, Chief of the COMELEC Law Department.
Bedol was accused of unlawfully and illegally directing the submission to him of all copies of the Municipal Certificate of Canvass (MCOC), Election Returns (ER), Statement of Votes (SOV) and Summary Statement of Votes (SSOV) generated by all precincts in the municipality of Maguindanao. The election documents contained the results for the local and national positions during the 14 May 2007 elections.
Thereafter however, the said documents they could no longer be located by COMELEC officials despite stringent measures adopted for its safekeeping. As a result, the votes for the province of Maguindanao were not transmitted to the COMELEC, thereby causing undue injury to the government as the canvassing of votes for Senatorial and party-list were unnecessarily delayed and the loss of these documents tainted the image and credibility of the COMELEC as a constitutional and independent body.
The charges is set to be filed before the Regional Trial Court of Cotobato City. Bail recommended is P30,000.
Bedol is presently detained at the PNP Custodial Center, Camp Crame, Quezon City following the issuance of an alias warrant of arrest by the COMELEC which found him guilty of contempt. Ombudsman Media Bureau
Deputy Ombudsman for Mindanao Humphrey Monteroso ordered the filing of charges against Bedol for violating Section 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act).
The case stemmed from a complaint filed by Atty. Ferdinand T. Rafanan, Chief of the COMELEC Law Department.
Bedol was accused of unlawfully and illegally directing the submission to him of all copies of the Municipal Certificate of Canvass (MCOC), Election Returns (ER), Statement of Votes (SOV) and Summary Statement of Votes (SSOV) generated by all precincts in the municipality of Maguindanao. The election documents contained the results for the local and national positions during the 14 May 2007 elections.
Thereafter however, the said documents they could no longer be located by COMELEC officials despite stringent measures adopted for its safekeeping. As a result, the votes for the province of Maguindanao were not transmitted to the COMELEC, thereby causing undue injury to the government as the canvassing of votes for Senatorial and party-list were unnecessarily delayed and the loss of these documents tainted the image and credibility of the COMELEC as a constitutional and independent body.
The charges is set to be filed before the Regional Trial Court of Cotobato City. Bail recommended is P30,000.
Bedol is presently detained at the PNP Custodial Center, Camp Crame, Quezon City following the issuance of an alias warrant of arrest by the COMELEC which found him guilty of contempt. Ombudsman Media Bureau
Wednesday, July 20, 2011
Acting Ombudsman Casimiro forms SMART!
Acting Ombudsman Orlando Casimiro has spearheaded the creation of a “superbody” which will examine and investigate contracts and transactions entered into by government agencies.
Dubbed the Special Multi-Agency Reform Team (SMART), the group shall be composed of representatives from the Office of the Ombudsman, the Commission on Audit (COA), the Department of Justice (DOJ), National Bureau of Investigation (NBI), Anti-Money Laundering Council (AMLC) and the Bureau of Internal Revenue (BIR).
The objective of the Team is to examine and investigate contracts and transactions entered into by government agencies through their respective officials and employees with the end view of expediting the prosecution of all perpetrators of corrupt activities, should the evidence so warrant.
Its creation is aimed towards the realization of the Ombudsman’s mandate to take effective measures against graft and corruption, and in the exercise of its powers, functions and duties, thus giving life to the President’s mandate of Daang Matuwid.
Sec. 15 (4) of RA 6770 (Ombudsman Act of 1989) mandates the Office of the Ombudsman to “direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules and procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action”.
Likewise, Sec. 15 (5) of the said law provides that the Office has the power to request any government agency for assistance and information and to examine pertinent records and documents in the discharge of its functions.
In a Memorandum Circular, Acting Ombudsman Casimiro has requested the institutional participation, assistance and cooperation of the five agencies in the undertaking of this “superbody”.
He also directed the Team to meet at the soonest possible time to discuss its plan of action and to immediately implement the same. Ombudsman Media Bureau
Dubbed the Special Multi-Agency Reform Team (SMART), the group shall be composed of representatives from the Office of the Ombudsman, the Commission on Audit (COA), the Department of Justice (DOJ), National Bureau of Investigation (NBI), Anti-Money Laundering Council (AMLC) and the Bureau of Internal Revenue (BIR).
The objective of the Team is to examine and investigate contracts and transactions entered into by government agencies through their respective officials and employees with the end view of expediting the prosecution of all perpetrators of corrupt activities, should the evidence so warrant.
Its creation is aimed towards the realization of the Ombudsman’s mandate to take effective measures against graft and corruption, and in the exercise of its powers, functions and duties, thus giving life to the President’s mandate of Daang Matuwid.
Sec. 15 (4) of RA 6770 (Ombudsman Act of 1989) mandates the Office of the Ombudsman to “direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules and procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action”.
Likewise, Sec. 15 (5) of the said law provides that the Office has the power to request any government agency for assistance and information and to examine pertinent records and documents in the discharge of its functions.
In a Memorandum Circular, Acting Ombudsman Casimiro has requested the institutional participation, assistance and cooperation of the five agencies in the undertaking of this “superbody”.
He also directed the Team to meet at the soonest possible time to discuss its plan of action and to immediately implement the same. Ombudsman Media Bureau
Acting Ombudsman Orlando Casimiro orders the filing of charges against Pasay City Mayor Antonio Calixto, former Mayor Wenceslao Trinidad and several others
ACTING OMBUDSMAN ORLANDO CASIMIRO ordered the filing of criminal charges against Pasay City Mayor Antonio G. Calixto, former Pasay City Mayor Wenceslao B. Trinidad, along with other high ranking officials of Pasay City in connection with the solid waste management contracts entered into in 2004-2006.
During the investigation, it was established that Pasay City appropriated P232,320,000 in public funds for garbage disposal and awarded the same to several contractors, namely, Solid Waste Alternative Tech (SWAT), Excellent Transport Services, Inc. (ETSI), RM Maintenance Services, LEG Hauling Services Corporation, Greenline Envirotech Philippines, Inc..
The contracts for garbage services were awarded without any public bidding conducted for two years. It was also established that the Sangunniang Panglungsod had earlier passed a resolution on 20 January 2004 that declared as void the garbage collection and disposal contracts on the ground that they were entered into without the approved budget for the contract and for being overpriced and prejudicial to the government. One month later, the Sanggunian passed a resolution authorizing Trinidad to extend the contract for a period not exceeding ninety days.
On 13 February 2004, Trinidad, in the guise of restoring vital services pursuant to RA 9184 (Government Procurement Reform Act), entered into contracts for a period of six months, instead of the authorized 90 day extension.
Likewise, the testimony provided by Councilor Antonia Cuneta and Generoso Cuneta categorically stated that then Mayor Wenceslao Trinidad, then Vice Mayor Calixto and each of the councilors received monthly kickbacks from the private contractors: Trinidad, P520,000; Calixto, P260,000 and the councilors, P130,000. The Acting Ombudsman found the same to be sufficient to establish probable cause against the respondents for bribery.
In the investigation, it was established that four sets of contracts were entered into during the two year period wherein a total of P278,455,368 was actually disbursed by the City of Pasay to pay the contractors.
The respondents did not proffer sufficient explanation as to why they disregarded the rules provided in RA 9184 especially on the requirement of public bidding.
The Resolution stated that “to stress, the contracts involved millions of pesos. Respondent Trinidad would always ask for contract extensions and the Sanggunian would willingly give it in exchange for the monthly kickbacks.” It further stated that despite these facts, Calixto did not do anything to protect the interest and welfare of his constituents.It said, “Calixto’s inaction could be easily explained by the glaring truth that he was part of the grand scheme of the public officers and private respondents, in order that they would be assured that they would be awarded contracts, and the latter making sure that they would continue receiving monthly salaries.”
Acting Ombudsman Casimiro ordered the filing of one count for violation of Section 3 (e) of RA 3019 (Anti-Graft and Corrupt Practices Act) before the Sandiganbayan against Trinidad; Calixto; City Councilors Richard M. Advincula, Lexter N. Ibay, Jose Antonio F. Roxas, Noel C. Bayona, Arnel Regino T. Arceo, Editha V. Vergel De Dios, Marie Irish P. Pineda, and Greg Paolo N. Alcera; private contractors Ernesto V. Salvador (owner of LEG Hauling Services), Joel C. Ycasas (President, Excellent Transport Services, Inc.), Jeremy R. Paguia (Owner, Solid Waste Alternative Tech), Ma. Marilou E. Baltazar (Owner, RM Maintenance Services) and Alexander K. Tantoco (President, Greenline Envirotech Philippines).
Additionally, two Informations for violation for Section 3(e) of RA 3019 were filed against Trinidad, Salvador, Ycasas, Paguia, Baltazar, Tantoco.
Finally, three Informations for Direct Bribery were filed against Trinidad. On the other hand, two Informations for Direct Bribery were filed against Calixto, Advincula, Ibay, Roxas, Bayona, Arceo, Vergel De Dios, Pineda and Alcera. Ombudsman Media Bureau
During the investigation, it was established that Pasay City appropriated P232,320,000 in public funds for garbage disposal and awarded the same to several contractors, namely, Solid Waste Alternative Tech (SWAT), Excellent Transport Services, Inc. (ETSI), RM Maintenance Services, LEG Hauling Services Corporation, Greenline Envirotech Philippines, Inc..
The contracts for garbage services were awarded without any public bidding conducted for two years. It was also established that the Sangunniang Panglungsod had earlier passed a resolution on 20 January 2004 that declared as void the garbage collection and disposal contracts on the ground that they were entered into without the approved budget for the contract and for being overpriced and prejudicial to the government. One month later, the Sanggunian passed a resolution authorizing Trinidad to extend the contract for a period not exceeding ninety days.
On 13 February 2004, Trinidad, in the guise of restoring vital services pursuant to RA 9184 (Government Procurement Reform Act), entered into contracts for a period of six months, instead of the authorized 90 day extension.
Likewise, the testimony provided by Councilor Antonia Cuneta and Generoso Cuneta categorically stated that then Mayor Wenceslao Trinidad, then Vice Mayor Calixto and each of the councilors received monthly kickbacks from the private contractors: Trinidad, P520,000; Calixto, P260,000 and the councilors, P130,000. The Acting Ombudsman found the same to be sufficient to establish probable cause against the respondents for bribery.
In the investigation, it was established that four sets of contracts were entered into during the two year period wherein a total of P278,455,368 was actually disbursed by the City of Pasay to pay the contractors.
The respondents did not proffer sufficient explanation as to why they disregarded the rules provided in RA 9184 especially on the requirement of public bidding.
The Resolution stated that “to stress, the contracts involved millions of pesos. Respondent Trinidad would always ask for contract extensions and the Sanggunian would willingly give it in exchange for the monthly kickbacks.” It further stated that despite these facts, Calixto did not do anything to protect the interest and welfare of his constituents.It said, “Calixto’s inaction could be easily explained by the glaring truth that he was part of the grand scheme of the public officers and private respondents, in order that they would be assured that they would be awarded contracts, and the latter making sure that they would continue receiving monthly salaries.”
Acting Ombudsman Casimiro ordered the filing of one count for violation of Section 3 (e) of RA 3019 (Anti-Graft and Corrupt Practices Act) before the Sandiganbayan against Trinidad; Calixto; City Councilors Richard M. Advincula, Lexter N. Ibay, Jose Antonio F. Roxas, Noel C. Bayona, Arnel Regino T. Arceo, Editha V. Vergel De Dios, Marie Irish P. Pineda, and Greg Paolo N. Alcera; private contractors Ernesto V. Salvador (owner of LEG Hauling Services), Joel C. Ycasas (President, Excellent Transport Services, Inc.), Jeremy R. Paguia (Owner, Solid Waste Alternative Tech), Ma. Marilou E. Baltazar (Owner, RM Maintenance Services) and Alexander K. Tantoco (President, Greenline Envirotech Philippines).
Additionally, two Informations for violation for Section 3(e) of RA 3019 were filed against Trinidad, Salvador, Ycasas, Paguia, Baltazar, Tantoco.
Finally, three Informations for Direct Bribery were filed against Trinidad. On the other hand, two Informations for Direct Bribery were filed against Calixto, Advincula, Ibay, Roxas, Bayona, Arceo, Vergel De Dios, Pineda and Alcera. Ombudsman Media Bureau
Acting Ombudsman Orlando Casimiro orders the filing of charges against Pasay City Mayor Antonio Calixto, former Mayor Wenceslao Trinidad and several others
ACTING OMBUDSMAN ORLANDO CASIMIRO ordered the filing of criminal charges against Pasay City Mayor Antonio G. Calixto, former Pasay City Mayor Wenceslao B. Trinidad, along with other high ranking officials of Pasay City in connection with the solid waste management contracts entered into in 2004-2006.
During the investigation, it was established that Pasay City appropriated P232,320,000 in public funds for garbage disposal and awarded the same to several contractors, namely, Solid Waste Alternative Tech (SWAT), Excellent Transport Services, Inc. (ETSI), RM Maintenance Services, LEG Hauling Services Corporation, Greenline Envirotech Philippines, Inc..
The contracts for garbage services were awarded without any public bidding conducted for two years. It was also established that the Sangunniang Panglungsod had earlier passed a resolution on 20 January 2004 that declared as void the garbage collection and disposal contracts on the ground that they were entered into without the approved budget for the contract and for being overpriced and prejudicial to the government. One month later, the Sanggunian passed a resolution authorizing Trinidad to extend the contract for a period not exceeding ninety days.
On 13 February 2004, Trinidad, in the guise of restoring vital services pursuant to RA 9184 (Government Procurement Reform Act), entered into contracts for a period of six months, instead of the authorized 90 day extension.
Likewise, the testimony provided by Councilor Antonia Cuneta and Generoso Cuneta categorically stated that then Mayor Wenceslao Trinidad, then Vice Mayor Calixto and each of the councilors received monthly kickbacks from the private contractors: Trinidad, P520,000; Calixto, P260,000 and the councilors, P130,000. The Acting Ombudsman found the same to be sufficient to establish probable cause against the respondents for bribery.
In the investigation, it was established that four sets of contracts were entered into during the two year period wherein a total of P278,455,368 was actually disbursed by the City of Pasay to pay the contractors.
The respondents did not proffer sufficient explanation as to why they disregarded the rules provided in RA 9184 especially on the requirement of public bidding.
The Resolution stated that “to stress, the contracts involved millions of pesos. Respondent Trinidad would always ask for contract extensions and the Sanggunian would willingly give it in exchange for the monthly kickbacks.” It further stated that despite these facts, Calixto did not do anything to protect the interest and welfare of his constituents.It said, “Calixto’s inaction could be easily explained by the glaring truth that he was part of the grand scheme of the public officers and private respondents, in order that they would be assured that they would be awarded contracts, and the latter making sure that they would continue receiving monthly salaries.”
Acting Ombudsman Casimiro ordered the filing of one count for violation of Section 3 (e) of RA 3019 (Anti-Graft and Corrupt Practices Act) before the Sandiganbayan against Trinidad; Calixto; City Councilors Richard M. Advincula, Lexter N. Ibay, Jose Antonio F. Roxas, Noel C. Bayona, Arnel Regino T. Arceo, Editha V. Vergel De Dios, Marie Irish P. Pineda, and Greg Paolo N. Alcera; private contractors Ernesto V. Salvador (owner of LEG Hauling Services), Joel C. Ycasas (President, Excellent Transport Services, Inc.), Jeremy R. Paguia (Owner, Solid Waste Alternative Tech), Ma. Marilou E. Baltazar (Owner, RM Maintenance Services) and Alexander K. Tantoco (President, Greenline Envirotech Philippines).
Additionally, two Informations for violation for Section 3(e) of RA 3019 were filed against Trinidad, Salvador, Ycasas, Paguia, Baltazar, Tantoco.
Finally, three Informations for Direct Bribery were filed against Trinidad. On the other hand, two Informations for Direct Bribery were filed against Calixto, Advincula, Ibay, Roxas, Bayona, Arceo, Vergel De Dios, Pineda and Alcera. Ombudsman Media Bureau
During the investigation, it was established that Pasay City appropriated P232,320,000 in public funds for garbage disposal and awarded the same to several contractors, namely, Solid Waste Alternative Tech (SWAT), Excellent Transport Services, Inc. (ETSI), RM Maintenance Services, LEG Hauling Services Corporation, Greenline Envirotech Philippines, Inc..
The contracts for garbage services were awarded without any public bidding conducted for two years. It was also established that the Sangunniang Panglungsod had earlier passed a resolution on 20 January 2004 that declared as void the garbage collection and disposal contracts on the ground that they were entered into without the approved budget for the contract and for being overpriced and prejudicial to the government. One month later, the Sanggunian passed a resolution authorizing Trinidad to extend the contract for a period not exceeding ninety days.
On 13 February 2004, Trinidad, in the guise of restoring vital services pursuant to RA 9184 (Government Procurement Reform Act), entered into contracts for a period of six months, instead of the authorized 90 day extension.
Likewise, the testimony provided by Councilor Antonia Cuneta and Generoso Cuneta categorically stated that then Mayor Wenceslao Trinidad, then Vice Mayor Calixto and each of the councilors received monthly kickbacks from the private contractors: Trinidad, P520,000; Calixto, P260,000 and the councilors, P130,000. The Acting Ombudsman found the same to be sufficient to establish probable cause against the respondents for bribery.
In the investigation, it was established that four sets of contracts were entered into during the two year period wherein a total of P278,455,368 was actually disbursed by the City of Pasay to pay the contractors.
The respondents did not proffer sufficient explanation as to why they disregarded the rules provided in RA 9184 especially on the requirement of public bidding.
The Resolution stated that “to stress, the contracts involved millions of pesos. Respondent Trinidad would always ask for contract extensions and the Sanggunian would willingly give it in exchange for the monthly kickbacks.” It further stated that despite these facts, Calixto did not do anything to protect the interest and welfare of his constituents.It said, “Calixto’s inaction could be easily explained by the glaring truth that he was part of the grand scheme of the public officers and private respondents, in order that they would be assured that they would be awarded contracts, and the latter making sure that they would continue receiving monthly salaries.”
Acting Ombudsman Casimiro ordered the filing of one count for violation of Section 3 (e) of RA 3019 (Anti-Graft and Corrupt Practices Act) before the Sandiganbayan against Trinidad; Calixto; City Councilors Richard M. Advincula, Lexter N. Ibay, Jose Antonio F. Roxas, Noel C. Bayona, Arnel Regino T. Arceo, Editha V. Vergel De Dios, Marie Irish P. Pineda, and Greg Paolo N. Alcera; private contractors Ernesto V. Salvador (owner of LEG Hauling Services), Joel C. Ycasas (President, Excellent Transport Services, Inc.), Jeremy R. Paguia (Owner, Solid Waste Alternative Tech), Ma. Marilou E. Baltazar (Owner, RM Maintenance Services) and Alexander K. Tantoco (President, Greenline Envirotech Philippines).
Additionally, two Informations for violation for Section 3(e) of RA 3019 were filed against Trinidad, Salvador, Ycasas, Paguia, Baltazar, Tantoco.
Finally, three Informations for Direct Bribery were filed against Trinidad. On the other hand, two Informations for Direct Bribery were filed against Calixto, Advincula, Ibay, Roxas, Bayona, Arceo, Vergel De Dios, Pineda and Alcera. Ombudsman Media Bureau
Tuesday, July 19, 2011
Caloocan City Mayor Echiverri, 3 others, preventively suspended for 6 months
ACTING OMBUDSMAN Orlando Casimiro placed Caloocan Mayor Enrico R. Echiverri and three others under a six-month preventive suspension for the alleged non-remittance of more than P38M representing Caloocan City employees’ contributions to the GSIS .
Aside from Echiverrri, also ordered placed under preventive suspension were City Treasurer Evelina M. Garma, City Budget Officer Jesusa Garcia, and City Accountant Edna Centeno.
The preventive suspension stemmed from the complaint filed by Caloocan Vice-Mayor Edgar R. Erice who alleged that from July 1997 to December 2002 and from January 2007 until 31 December 2010, the premium contributions comprising the personal shares of the employees and Caloocan government shares were not remitted to the GSIS and remained unpaid as of 31 December 2010. Additionally, the employees’ compensation shares from July 1997 to December 2004 and from January 2007 to December 2010 were not remitted to the GSIS. These allegations were confirmed by Robert G. Vergara, President and General Manager of the GSIS.
GSIS records show that the total obligation of Caloocan City as of 31 December 2010 amounted to PHP 343,814,739.85 representing principal and interest for the unpaid compulsory premiums.
Allegations were also raised that despite being informed of the unpaid GSIS obligations, Echiverri, together with Garma and Garcia, refused to take action on the matter. Due to this inaction, Erice made a formal demand to Echiverri, Garma and Centeno for the remittance of the personal shares of the employees amounting to PhP 38,042,916.12, the same already deducted from the salaries of the employees of Caloocan City.
Acting Ombudsman Casimiro stated that considering that Echiverri, Garma, Garcia and Centeno are all high ranking officials of the local government of Caloocan, their continued presence or stay in the office will be prejudicial in the conduct of the investigation. “The continued discharge of their functions of the respondents may likely influence potential witnesses or tamper with records which may be vital in the prosecution of the case against them’, he said.
Acting Ombudsman Casimiro directed DILG Sec. Jessie Robredo to immediately implement the order. Ombudsman Media Bureau
Aside from Echiverrri, also ordered placed under preventive suspension were City Treasurer Evelina M. Garma, City Budget Officer Jesusa Garcia, and City Accountant Edna Centeno.
The preventive suspension stemmed from the complaint filed by Caloocan Vice-Mayor Edgar R. Erice who alleged that from July 1997 to December 2002 and from January 2007 until 31 December 2010, the premium contributions comprising the personal shares of the employees and Caloocan government shares were not remitted to the GSIS and remained unpaid as of 31 December 2010. Additionally, the employees’ compensation shares from July 1997 to December 2004 and from January 2007 to December 2010 were not remitted to the GSIS. These allegations were confirmed by Robert G. Vergara, President and General Manager of the GSIS.
GSIS records show that the total obligation of Caloocan City as of 31 December 2010 amounted to PHP 343,814,739.85 representing principal and interest for the unpaid compulsory premiums.
Allegations were also raised that despite being informed of the unpaid GSIS obligations, Echiverri, together with Garma and Garcia, refused to take action on the matter. Due to this inaction, Erice made a formal demand to Echiverri, Garma and Centeno for the remittance of the personal shares of the employees amounting to PhP 38,042,916.12, the same already deducted from the salaries of the employees of Caloocan City.
Acting Ombudsman Casimiro stated that considering that Echiverri, Garma, Garcia and Centeno are all high ranking officials of the local government of Caloocan, their continued presence or stay in the office will be prejudicial in the conduct of the investigation. “The continued discharge of their functions of the respondents may likely influence potential witnesses or tamper with records which may be vital in the prosecution of the case against them’, he said.
Acting Ombudsman Casimiro directed DILG Sec. Jessie Robredo to immediately implement the order. Ombudsman Media Bureau
Friday, July 15, 2011
Mexico,Pampanga Mayor, 2 others, ordered charged before the Sandiganbayan
ACTING OMBUDSMAN Orlando Casimiro ordered the filing of graft charges before the Sandiganbayan against Mexico, Pampanga Mayor Teddy C. Tumang and two others for allowing the conduct of illegal quarrying activities in a private property in 2005.
Aside from Tumang, also ordered charged for violation of Section 3 (e) of RA 3019 (Anti-Graft and Corrupt Practices Act) were Barangay Captain Rafael P. Yabut and one Pantaleon C. Martin.
The Acting Ombudsman found probable cause against the local officials for conducting quarry activities in the property belonging to Eduardo T. Batac. On June 2005, Batac personally saw the damage sustained by the property due to the illegal quarrying as a result of which, the land was reduced to below ground level and became unevenly leveled. On July 2005, he wrote a letter to Mayor Tumang requesting for the stoppage of illegal quarrying. The Mayor claimed that respondent Martin was a tenant of the said property and that the authority to conduct quarrying was given by the said tenant.
The Acting Ombudsman likewise adjudged Tumang and Yabut as having committed gross inexcusable negligence in immediately acceding to the request for the removal of lahar deposit in a private property.
Thus, aside from the filing of criminal charges, Tumang and Yabut were found guilty of Misconduct and for violating RA 6713 (Code of Conduct for Public Officials and Employees) and were meted the penalty of three months suspension without pay. Ombudsman Media Bureau
Aside from Tumang, also ordered charged for violation of Section 3 (e) of RA 3019 (Anti-Graft and Corrupt Practices Act) were Barangay Captain Rafael P. Yabut and one Pantaleon C. Martin.
The Acting Ombudsman found probable cause against the local officials for conducting quarry activities in the property belonging to Eduardo T. Batac. On June 2005, Batac personally saw the damage sustained by the property due to the illegal quarrying as a result of which, the land was reduced to below ground level and became unevenly leveled. On July 2005, he wrote a letter to Mayor Tumang requesting for the stoppage of illegal quarrying. The Mayor claimed that respondent Martin was a tenant of the said property and that the authority to conduct quarrying was given by the said tenant.
The Acting Ombudsman likewise adjudged Tumang and Yabut as having committed gross inexcusable negligence in immediately acceding to the request for the removal of lahar deposit in a private property.
Thus, aside from the filing of criminal charges, Tumang and Yabut were found guilty of Misconduct and for violating RA 6713 (Code of Conduct for Public Officials and Employees) and were meted the penalty of three months suspension without pay. Ombudsman Media Bureau
Saturday, July 9, 2011
OMB investigates PCSO fund scam; orders the filing of charges against former Rep. Clavel Martinez and former Mayor Celestino Martines
The Office of the Ombudsman has started looking into the Philippine Charity Sweepstakes Office (PCSO) Fund Scam.
Acting Ombudsman Orlando Casimiro has created a special panel tasked to conduct fact-finding investigation into allegations that the PCSO misused its intelligence funds.
Acting Ombudsman Casimiro said the inquiry will focus on the manner by which PCSO funds were disbursed.
The Order was issued following revelations made during the Senate Blue Ribbon Committee hearing on the disbursements said funds.
At the same time, the Acting Ombudsman has ordered the conduct of a fact-finding investigation on the complaint filed by two advertising agencies against PCSO Public Relations and Publicity Department Manager Manuel Garcia.
Garcia was accused of demanding a total of nearly P29M in exchange for the payment of advertising placements and commercial sports of the charitable agency.
Meanwhile, Acting Ombudsman Casimiro has approved the recommendation charging former Cebu Rep. Clavel Asas Martinez, former Bogo, Cebu Mayor Celestino A. Martinez III and four other officials of Malversation before the Sandiganbayan.
Also included in the indictment were Municipal Treasurer Rhett E. Minguez, Municipal Accountant Cresencio P. Verdida, Bookkeeper Rhodariza V. Kilantang, GSP Cebu Council Cashier Julieta G. Quino and former GSP Treasurer Maria Cielo A. Martinez.
The said officials were likewise charged with violating Section 3 (e) of RA 3019 (Anti-Graft and Corrupt Practices Act).
The charges stem from the complaint filed by the Office of the Ombudsman’s Field Investigation Office (OMB-FIO) alleging that from September to October 2003, the respondents conspired in misappropriating the amount of P10,000,000 for the personal use and benefit of Congresswoman Martinez. The said amount was taken from the Priority Development Assistance Fund (PDAF) for 2003 intended for donation to the GSP Cebu City. The said amount was deposited to the personal account of Clavel Martinez with the BPI.
The Ombudsman was able to establish that a total of P11.5 million PDAF was released thru a check with the GSP/Treasurer as payee of the 17 September 2003 Land Bank check. Later, accused Quino applied for a Manager’s check in the same amount at LBP Bogo, Cebu. In the said application, the payee for the manager’s check shall be GSP or Ma. Cielo A. Martinez.
On 20 October 2003, the amount of P11.5M was deposited at the BPI account of GSP. On 27 October 2003, the amount was withdrawn by Ma. Cielo and was deposited to the BPI account of Clavel Martinez. However, it was established that out of the said amount, P1.5M was erroneously released as part of the PDAF of Martinez, when it was actually a fund for the Bayan Muna Party List. Hence, the same was returned by GSP to the Municipality of Bogo. The municipality then remitted the P1.5M to the proper government coffers. Thus, only P10M remain unaccounted for.
The resolution also emphasized that the said transaction is the same subject matter that was disallowed by the Commission on Audit. Although respondent raised the defense that the amount of P10M was returned to government coffers in 2005, or two years later, it still does not discount the fact that public funds were embezzled and appropriated for personal use.
Congresswoman Martinez was the President of the Girl Scouts of the Philippines Cebu City from 1995-2003. Ombudsman Media Bureau
Acting Ombudsman Orlando Casimiro has created a special panel tasked to conduct fact-finding investigation into allegations that the PCSO misused its intelligence funds.
Acting Ombudsman Casimiro said the inquiry will focus on the manner by which PCSO funds were disbursed.
The Order was issued following revelations made during the Senate Blue Ribbon Committee hearing on the disbursements said funds.
At the same time, the Acting Ombudsman has ordered the conduct of a fact-finding investigation on the complaint filed by two advertising agencies against PCSO Public Relations and Publicity Department Manager Manuel Garcia.
Garcia was accused of demanding a total of nearly P29M in exchange for the payment of advertising placements and commercial sports of the charitable agency.
Meanwhile, Acting Ombudsman Casimiro has approved the recommendation charging former Cebu Rep. Clavel Asas Martinez, former Bogo, Cebu Mayor Celestino A. Martinez III and four other officials of Malversation before the Sandiganbayan.
Also included in the indictment were Municipal Treasurer Rhett E. Minguez, Municipal Accountant Cresencio P. Verdida, Bookkeeper Rhodariza V. Kilantang, GSP Cebu Council Cashier Julieta G. Quino and former GSP Treasurer Maria Cielo A. Martinez.
The said officials were likewise charged with violating Section 3 (e) of RA 3019 (Anti-Graft and Corrupt Practices Act).
The charges stem from the complaint filed by the Office of the Ombudsman’s Field Investigation Office (OMB-FIO) alleging that from September to October 2003, the respondents conspired in misappropriating the amount of P10,000,000 for the personal use and benefit of Congresswoman Martinez. The said amount was taken from the Priority Development Assistance Fund (PDAF) for 2003 intended for donation to the GSP Cebu City. The said amount was deposited to the personal account of Clavel Martinez with the BPI.
The Ombudsman was able to establish that a total of P11.5 million PDAF was released thru a check with the GSP/Treasurer as payee of the 17 September 2003 Land Bank check. Later, accused Quino applied for a Manager’s check in the same amount at LBP Bogo, Cebu. In the said application, the payee for the manager’s check shall be GSP or Ma. Cielo A. Martinez.
On 20 October 2003, the amount of P11.5M was deposited at the BPI account of GSP. On 27 October 2003, the amount was withdrawn by Ma. Cielo and was deposited to the BPI account of Clavel Martinez. However, it was established that out of the said amount, P1.5M was erroneously released as part of the PDAF of Martinez, when it was actually a fund for the Bayan Muna Party List. Hence, the same was returned by GSP to the Municipality of Bogo. The municipality then remitted the P1.5M to the proper government coffers. Thus, only P10M remain unaccounted for.
The resolution also emphasized that the said transaction is the same subject matter that was disallowed by the Commission on Audit. Although respondent raised the defense that the amount of P10M was returned to government coffers in 2005, or two years later, it still does not discount the fact that public funds were embezzled and appropriated for personal use.
Congresswoman Martinez was the President of the Girl Scouts of the Philippines Cebu City from 1995-2003. Ombudsman Media Bureau
Friday, July 8, 2011
Retired PNP Police Director for Comptrollership ELISEO D. DELA PAZ and his wife ordered charged in connection to the "Eurogen case"
ACTING OMBUDSMAN Orlando C. Casimiro ordered the filing of criminal charges against former PNP Police Director for Comptrollership ELISEO D. DELA PAZ and his wife in connection to the so-called “Euro-generals Case”.
In a Resolution approved by the Acting Ombudsman,dela Paz and his wife , MARIA FE were charged with violating Circular No. 507 of the Bangko Sentral ng Pilipinas (BSP).
The said Circular penalizes any person who brings into or takes out of the Philippines foreign currency in excess of $10,000 and fails to declare the same in writing. Failure to disclose in writing is penalized under the BSP Circular in relation to Section 36 of Republic Act 7653 (New Central Bank Act).
During investigation it was established that respondents Dela Paz did not declare the $EU 105,000.00 in their possession at the time they left the Philippines to join the PNP Delegation to the 77th INTERPOL General Assembly in 7-11 October 2008 at St. Petersburg, Russian Federation.
Additionally, Eliseo Dela Paz was charged with violating Article 237 of the Revised Penal Code for Prolonging the Performance of Duties and Powers.
The special panel of lawyers of the Ombudsman declared that “Dela Paz willfully and unlawfully continued to exercise the powers and duties of his office as Police Director for Comptrollership by attending the said General Assembly in St. Petersburg despite knowing fully well that he reached the compulsory age of retirement of 56 on 9 October 2008”.
Further, despite the fact of reaching the age of mandatory retirement, Dela Paz still accepted the designation as Special Disbursing Officer (SDO) of the PNP Delegation as per Office Order No. 17-2008 dated 30 September 2008.
Both criminal indictments were filed before the Sandiganbayan. Ombudsman Media Bureau
In a Resolution approved by the Acting Ombudsman,dela Paz and his wife , MARIA FE were charged with violating Circular No. 507 of the Bangko Sentral ng Pilipinas (BSP).
The said Circular penalizes any person who brings into or takes out of the Philippines foreign currency in excess of $10,000 and fails to declare the same in writing. Failure to disclose in writing is penalized under the BSP Circular in relation to Section 36 of Republic Act 7653 (New Central Bank Act).
During investigation it was established that respondents Dela Paz did not declare the $EU 105,000.00 in their possession at the time they left the Philippines to join the PNP Delegation to the 77th INTERPOL General Assembly in 7-11 October 2008 at St. Petersburg, Russian Federation.
Additionally, Eliseo Dela Paz was charged with violating Article 237 of the Revised Penal Code for Prolonging the Performance of Duties and Powers.
The special panel of lawyers of the Ombudsman declared that “Dela Paz willfully and unlawfully continued to exercise the powers and duties of his office as Police Director for Comptrollership by attending the said General Assembly in St. Petersburg despite knowing fully well that he reached the compulsory age of retirement of 56 on 9 October 2008”.
Further, despite the fact of reaching the age of mandatory retirement, Dela Paz still accepted the designation as Special Disbursing Officer (SDO) of the PNP Delegation as per Office Order No. 17-2008 dated 30 September 2008.
Both criminal indictments were filed before the Sandiganbayan. Ombudsman Media Bureau
Wednesday, July 6, 2011
Office of the Ombudsman prepares for transition; welcomes and fully supports the next Ombudsman
ACTING OMBUDSMAN Casimiro took note of the Petition for Certiorari with Prayer for Issuance of Preventive Suspension filed by former DA officials Jocelyn Bolante et. al. in connection with the criminal indictment for plunder relative to the Fertilizer Fund Scam. The Acting Ombudsman reiterates that the Office adheres to the principle laid down by the Supreme Court in the case entitled "Office of the Ombudsman versus Samaniego" (GR No. 175573, 5 October 2010) that states:
"Section 7, Rule III of the Rules of Procedure of the Office of the Ombudsman, as amended, is categorical, an appeal shall not stop the decision from being executory."
Moreover, with the filing of the Information/s before the Sandiganbayan, the case is now under the direct control and supervision of the Anti-Graft court.
On the issue regarding the disbarment case to be filed by respondent Prospero Pichay, Jr. in connection with the finding of guilt for grave misconduct, the Acting Ombudsman respects the legal remedies that will be availed of by Pichay. On record, however, the administrative case was filed against him after a thorough and painstaking review by the lawyers from the Office of the Ombudsman and the law was applied on the basis of established facts as borne by the records.
With the recent publication of the shortlist for the Office of the Ombudsman, the institution is preparing for the transition to welcome and fully support the next Ombudsman to be appointed by the President. In the meantime, the Office continues to function and dispense with its mandate as the Republic’s chief graft buster.
Thus, in a case approved by the Acting Ombudsman, Anesia Buenafe-Dionisio and Virginia Diolola-Madeja were both found guilty of grave misconduct and were meted with the penalty of dismissal from the service. Both are members of the Board of Nurses of the Professional Regulation Commission (PRC).
The complaint was filed by the National Bureau of Investigation in connection with the nursing board exam leakage scam in 2006.
In the 32-page Decision, the Office established that majority of Dionisio’s test questions were shown to have reached the reviewees of the RA Gapuz Review Center and INRESS. The Office stated that Dionisio’s defense of loss of her manuscript is self-serving and inconceivable. Moreover, upon learning of the loss of her copy of test questionnaires, she failed to relay the fact to the appropriate authorities. The Office also found that Madeja was liable for gross inexcusable neglect in causing the premature and unauthorized disclosure of her proposed questions. The test questions were leaked by the examiners despite being highly confidential. Ombudsman Media Bureau
"Section 7, Rule III of the Rules of Procedure of the Office of the Ombudsman, as amended, is categorical, an appeal shall not stop the decision from being executory."
Moreover, with the filing of the Information/s before the Sandiganbayan, the case is now under the direct control and supervision of the Anti-Graft court.
On the issue regarding the disbarment case to be filed by respondent Prospero Pichay, Jr. in connection with the finding of guilt for grave misconduct, the Acting Ombudsman respects the legal remedies that will be availed of by Pichay. On record, however, the administrative case was filed against him after a thorough and painstaking review by the lawyers from the Office of the Ombudsman and the law was applied on the basis of established facts as borne by the records.
With the recent publication of the shortlist for the Office of the Ombudsman, the institution is preparing for the transition to welcome and fully support the next Ombudsman to be appointed by the President. In the meantime, the Office continues to function and dispense with its mandate as the Republic’s chief graft buster.
Thus, in a case approved by the Acting Ombudsman, Anesia Buenafe-Dionisio and Virginia Diolola-Madeja were both found guilty of grave misconduct and were meted with the penalty of dismissal from the service. Both are members of the Board of Nurses of the Professional Regulation Commission (PRC).
The complaint was filed by the National Bureau of Investigation in connection with the nursing board exam leakage scam in 2006.
In the 32-page Decision, the Office established that majority of Dionisio’s test questions were shown to have reached the reviewees of the RA Gapuz Review Center and INRESS. The Office stated that Dionisio’s defense of loss of her manuscript is self-serving and inconceivable. Moreover, upon learning of the loss of her copy of test questionnaires, she failed to relay the fact to the appropriate authorities. The Office also found that Madeja was liable for gross inexcusable neglect in causing the premature and unauthorized disclosure of her proposed questions. The test questions were leaked by the examiners despite being highly confidential. Ombudsman Media Bureau
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