MANILA, Philippines -- The governors of two of the country’s poorest provinces are facing legal battles at the antigraft court Sandiganbayan for alleged fraud and theft of public funds.
Camarines Norte Governor Jesus Typoco Jr. has been haled again to the Sandiganbayan for estafa and graft charges for allegedly defrauding a Batangas-based businessman of P15 million worth of school armchairs, fertilizers and farm equipment seven years ago.
Based on complaints filed by the Office of the Special Prosecutor Friday, Typoco allegedly pretended to be financially capable when the provincial government purchased millions of pesos worth of school and agricultural supplies from Ildefonso Macaraig, owner of Crown IBM Trading in Batangas City in 2001 and 2002.
Purchased from Macaraig’s firm were 7,219 pieces of school armchairs made of steel and wood; 100 sets of garden sites and 180 sets of plant cultivation implements and fertilizer application sets amounting to P14,999,980.
Bienvenida Gruta, assistant special prosecutor III, alleged that Typoco allowed the delivery of school chairs and garden implements to the provincial capitol even if he knew “fully well” that there was no appropriation from the provincial government for the payment of these items.
Typoco allegedly promised Macaraig to pay the purchases, as provincial governor, until delivery has been completed.
“Despite full delivery and repeated demands of payment, [the] accused refused and still fails to pay Ildefonso Macaraig the amount,” stated Gruta.
The prosecutor recommended P500,000 bail for his estafa case and P30,000 for the graft charge.
In February last year, the Sandiganbayan dismissed Typoco’s graft suit arising from the same circumstances. The case stemmed from a complaint filed by Macaraig.
But in acquitting the provincial governor, the Second Division had ruled that Macaraig should not depend on the antigraft court in his effort to collect payment from Typoco.
Government lawyers are, meanwhile, moving for the suspension of Western Samar Governor Milagrosa Tan and four other provincial executives in connection with a pending graft case filed against them at the Sandiganbayan.
Tan is facing seven graft charges before the antigraft court’s Fourth Division for the anomalous purchase of some P16 million worth of medicines and other goods in 2001 and 2002.
In urging the antigraft court to suspend the officials, Prosecution Bureau IV Acting Director Cornelio Somido and Assistant Special Prosecutor II Jacinto dela Cruz Jr. said the officials’ suspension pending litigation was mandatory pursuant to law and jurisprudence.
Aside from Tan, the prosecutors asked for the suspension of Rolando Montejo, provincial administrative officer; Romeo Reales, provincial accountant; Maximo Sison, provincial budget officer and Numeriano Legaspi, inspection officer.
Accused Damiano Conde and Aurelio Bardaje Jr. were not included in the petition because they were no longer in public office. The prosecutors said Bardaje, then officer in charge of the general services office, has been terminated by Tan.
In a statement in September 2006, the Ombudsman said it found probable cause to sue Tan and the other officials for graft that included the absence of public bidding in some of the purchases made using provincial funds.