‘Good faith’ won’t save 5 from graft raps
BACOLOD CITY—In a case that sounds familiar in the wake of controversies over President Aquino’s Disbursement Acceleration Program (DAP), five officials of a Negros Occidental town were suspended from office by the Ombudsman for graft amid claims by their lawyer that they acted in “good faith.”
The Ombudsman ordered five members of the bids and awards committee (BAC) of the town of Valladolid in Negros Occidental province suspended for three months for the purchase of construction materials without public bidding.
Suspended were Valladolid Municipal Agriculturist Giovanni Robles, BAC chair; Municipal Engineer Joseph Alfonso Manayon, BAC vice chair, and these BAC members—Municipal Registrar Ernesto Genobis, cashier Daisy Galve and accounting clerk Merlene Magbanua.
Of the five, Genobis and Magbanua retired last year, according to their lawyer Rayfrando Diaz.
Diaz said his clients were not likely to appeal the Ombudsman ruling although he insisted that the government did not lose any money in the implementation of the project.
“The materials used were the lowest-priced,” Diaz said. “My clients acted in good faith, but they were cited on a technicality,” he added.
The Ombudsman found them guilty of simple misconduct.
The ruling was approved by Ombudsman Conchita Carpio Morales on Feb. 25.
The Ombudsman also found Mayor Rommel Yogore liable but had to dismiss the administrative case against him because of the so-called Aguinaldo Doctrine.
Under the Aguinaldo Doctrine, an official may not be held liable for misconduct committed in his previous term if he is reelected into office. The reelection wipes out previous offenses.
The doctrine, however, applies only to administrative cases and not criminal charges.
Mayor Yogore is among six persons who were indicted by the Ombudsman for graft for the purchase of construction materials worth P250,000 that were used to repair the town’s rural health unit.
Both the administrative and criminal charges were filed by Larry Concepcion, a resident of Valladolid and broadcaster of Church-run radio network Radyo Veritas.
Concepcion alleged that the construction materials had been delivered and accepted in December 2008 before any canvass for prices was made. The contract was awarded to JB Nieve Hardware and Construction Supply owned the mayor’s brother-in-law.
In indicting the respondents, the Ombudsman said the officials violated rules requiring competitive bidding for government purchases.
President Aquino and Budget Secretary Florencio Abad are currently facing a barrage of criticisms for allegedly usurping Congress’ power of the purse through the DAP.
Malacañang defended the DAP, saying that while the Supreme Court ruled it to be unconstitutional, no Palace official committed a criminal act in implementing it.
The Aquino administration, according to Palace spokespersons, “acted in good faith.”
