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Padaca asks Supreme Court to order dropping of charges


Former Isabela Governor Grace Padaca. INQUIRER FILE PHOTO

MANILA, Philippines—Former Isabela Governor Grace Padaca on Tuesday asked the Supreme Court to order the dismissal of the graft cases the Ombudsman had filed against her before the Sandiganbayan.

In a 45-page petition, Padaca urged the high court to reverse the resolution of Ombudsman Conchita Carpio Morales that found her liable for graft and malversation of public funds and to order her to withdraw the information filed before the anti-graft court.

“The (Ombudsman) acted with grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the assailed resolutions finding probable cause against (Padaca),” the petition said.

“The elements of undue injury to the government or unwarranted benefits to any party and manifest partiality, evident bad faith or inexcusable negligence are clearly absent,” it added.

Padaca and several officers of a non-government organization were accused of mishandling government funds before the Sandiganbayan.

The former governor allegedly allowed the Economic Development for Western Isabela and Northern Luzon Foundation (Edwinlfi), a non-government organization (NGO), to take loans for hybrid rice from a P25-million fund in 2006 without public bidding.

But Padaca said public bidding was not required and the government was not adversely affected when Edwinlfi secured the loans.

“Public bidding was not required under the circumstances, (and its) absence … did not result in undue injury to the provincial government. Neither did it create unwarranted benefits in favor of Edwinlfi,” the petition said.

It said the NGO “did not receive any amount from the provincial government” and was only supposed to maintain the funds for the rice program and then facilitate their transfer to qualified farmer beneficiaries in Isabela.

“In performing such an undertaking, the NGO does not expect to get paid because such undertaking is on a voluntary basis,” the petition said.

It said the memorandum of agreement (MOA) between the provincial government and the NGO had “sufficient safeguards” to prevent Edwinlfi from getting any unwarranted benefits from the project.

“At all times, (Padaca) acted within the bounds of her authority and in good faith … the execution of the MOA is born out of (her) honest belief that she had the authorization and support of the (Sangguniang Panlalawigan) and that she was pursuing a program that will uplift the quality of life of Isabela’s farmers,” the petition said.

“That the (Sangguniang Panlalawigan) saw it fit to authorize (Padaca) to enter into the MOA after its execution signifies that the terms of the contract were amenable to the body, and the legislative council members had no objections to (Padaca’s) exercise of her power as governor to represent the province in all its business transactions,” it added.

The petition also said that “not all the elements” of the crime of malversation of public funds could be found in the case.

“Padaca had no custody of the subject public funds and she is not the accountable officer for it. There is no showing that (Padaca) derived any benefit from the loan proceeds for the provincial rice program,” the petition said.

“There is no showing that (Padaca) negligently caused or consented to any appropriation, taking or misappropriation of public funds,” it added.

Padaca earlier accused the Dy clan, her political adversaries in Isabela, of being behind the filing of the graft charges against her. The Dys have denied Padaca’s claim.

Originally posted: 3:27 pm | Tuesday, May 29th, 2012

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Tags: government and politics , Governor , Grace Padaca , Graft and Corruption , law and justice , Ombudsman , Philippines – Regions , Sandiganbayan

  • bono31

    kawawa naman si gob. nayare na naman ng mga dy

  • bono31

    kawawa naman si gob. nayare na naman ng mga dy..

  • dontblockme

    hala kung makapag utos si pandaca parang hawak ang supreme court oh.. ay oo nga pala hawak na nila.. weather weather lang yan..

    • http://twitter.com/solamentado sola mente

      “Padaca urged the high court to reverse the resolution of Ombudsman Conchita Carpio Morales that found her liable for graft and malversation of public funds and to order her to withdraw the information filed before the anti-graft court”

      hawak din nila si MORALES di ba?   so bakit kinasuhan eh kapartido ni Pnoy si Padaca.

      paki esplika nga uli yung sinabi mo.

  • doncleo

    may authority pala ng Sangguniang Panlalawigan e bakit hindi nasabit sa kaso ang mga Board members? bakit si Gov.Padaca lang?

  • Cool_Sniper

    The former governor Grace Padaca is encouraged to fight for her cause with tooth and nail. Ombudsman Morales is in the same mold as Corona. These kind of judicial officers chose whom to exonerate based on personal factors other than the law. Yet, Morales exonerated Jesli Lapus, former DepEd secretary of Macapagal, for approving the award of noodles for DepEd to a supplier who is selling the noodles at P20 per pack. Lapus is a lucky grafter. He easily gets away from the cases filed against him due to his connections. Unfortunately, Padaca is not well connected like the corrupt Jesli Lapus.

  • JimmuTenno

    What a shame. you fall prey to your party‘s trap. Friend or foe, justice should be served. strike one, strike all. a govt official was unseated because he failed to disclose his sari-sari store in his SALN. You failed to conduct public bidding. Should you be exempted?

    • http://profile.yahoo.com/WSTNYQWPYQKBZOXP32NXXX6UGA Pilar

      contrary to what has been publicized and used by many senators to justify their guilty verdict sir, delsa flores as unseated because she was drew her compensation from both the court as interpreter and again from the municipal gov’t, when this definitely  was not allowed.  the undeclared sari-sari store was incidental, or the icing on the cake.

  • http://pulse.yahoo.com/_JQZQEJUYXLJW5Z4Y2F65AA7RQE Francisco

    Walang exemption ngayon kaaway o kakampi ng administrasyon pagnagkamali sa pinaka mababa na kasalanan hangang capital punishment dapat ipatupad yan ang batas kung ayaw mo mag resign kanalang at wag magdrama diyan alam naman ng taong bayan na GUILTY lahat ng public official walang matitira diyan pag inisa isa mo yan from president to brg. Tanod may kanya kanyang baho yan, yong nga lang sino ang maguumpisa niya laban para sa tunay na tuwid na daan si Pnoy kaya? Hehe abangan ang susunod na kabanata. President Binay ingat po kayo at baka kayo ang mapagtripan ng mga kakampi at kalaban mo kaya tahimik lang sila. Hehe marami pa yan.

  • http://profiles.yahoo.com/u/JQI7ACPTNS65URDEQ3KRYKCPDY Henry

    This seems to be another case of the judiciary favoring the powerful against the powerless. I hope the SC will grant a review of Grace Padaca’s case because it is very obvious the funds did benefit the ordinary rice farmers.

  • m1600

    KORUP ka PADACA even before ISABELA has replaced CL as the rice granary of the PH  PALUSOT ka pa. I want to see YOU rot in Jail.

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