7 village execs face raps for pork misuse

CEBU CITY, Philippines—Graft charges have been filed against seven former village officials here over the alleged misuse of about P6.5 million in pork barrel funds.

The Office of the Ombudsman in the Visayas found sufficient evidence to file the charges against Eugenio Faelnar, former chair of Barangay Guadalupe; Ruben Baculi, David Suzara, Alex Semilla, Robert Gabutan and Rodrigo Gabutan, all barangay councilors; and Jacqueline Du-imboy, former representative of the local Sangguniang Kabataan.

All posted P30,000 bail shortly after Judge Estela Alma Singco of the Regional Trial Court Branch 12 issued arrest warrants against them last month.

Jerry Patcho, graft investigation and prosecution officer, said the respondents conspired in buying lanzones, mango, durian and rambutan seedlings worth P6.2 million, as well as P245,000 worth of pipes and garden hoses in 2006 and 2007, without any actual competitive bidding—a blatant violation of the law.

The purchases were intended for a livelihood project funded using the Priority Development Assistance Fund (PDAF) of then Rep. Antonio Cuenco of Cebu City’s south district.

Faelnar, Suzara, Semilla and the two Gabutans were charged with three counts of violating Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, particularly on “giving unwarranted benefits and advantage” to WM Sprout Center and Win Marketing.

Du-imboy was charged with two counts of graft, while Baculi was indicted for one case.

“Records of this case disclosed that the mandatory procurement stages or procedures were not complied with, thereby rendering the respondents’ ‘public bidding’ a mere pretense,” Patcho said.

He also pointed out that they failed to publish the procurement in a newspaper or post it on the website of the Philippine Government Electronic Procurement System (PhilGEPS) as mandated under the law.

“With these numerous red flags or badges of fraud, all that the respondents did was to claim good faith. They even issued a certification claiming that they allegedly conducted the public bidding for the procurement of the seedlings,” Patcho said.

The Commission on Audit eventually found irregularities in the transaction.

Cuenco expressed dismay over Faelnar’s failure to accomplish projects that were funded from his PDAF.

In an interview, Cuenco said he was surprised when he was informed about the misuse of his PDAF back in 2006.

“Someone told me that it was overpriced. I was also in a quandary as to why the seedlings were distributed to north district barangays when those seedlings were supposedly intended for the south district barangays only,” he said.

Cuenco said he requested the Department of Agriculture (DA) to conduct an investigation as to how his livelihood project was implemented. The Department of Budget and Management channeled the fund allocation through the DA.

The issuance of a certification does not cure the illegality of the bidding, Patcho said. This “is clearly self-serving. Respondents could not possibly claim good faith when they have violated many compulsory provisions set by law,” he added.

In fact, he said, the respondents did not disqualify WM Sprout Center when it had failed to submit postqualification documents and post a performance security.

“Instead, they deliberately awarded the contract to WM Sprout Center and turned a blind eye to these irregularities. Such is a blatant manifestation of partiality and bad faith on the part of the respondents, giving unwarranted benefits, preference and advantage to the bidders,” Patcho said.

Faelnar, a former president of the Association of Barangay Councils in Cebu City, got over P6 million and disbursed it to the company for the purchase of the seedlings.

Cuenco said the suppliers should also be indicted for a possible conspiracy. “I’m not taking sides here. I won’t judge anyone. I’m on the side of justice. Let the truth come out so those with direct participation will be punished accordingly.”

He said he was making himself available in case the court would summon him to shed light on the controversy.