The Office of the Ombudsman has found probable cause to file charges against former Libertad, Misamis Oriental mayor Alberto Acain for graft over the anomalous use of fertilizer funds in 2004.
In a statement on Wednesday, Ombudsman Conchita Carpio Morales said she had indicted Acain and seven others on two counts of graft or violations of Section 3(e) of the Anti-Graft and Corrupt Practices Act.
The charges stemmed from the Commission on Audit findings that Acain and the other officials resorted to direct contracting without the benefit of a public bidding in the procurement of two batches of fertilizer worth P4.99 million.
Charged with Acain were the members of the Bids and Awards Committee (BAC)–Lucia Almeñe, Oscar Benlot, Isidro Gervacio, Elizabeth Pagalan and Sergio Jacalan, Jr. — as well as representatives of Green’s International Enterprises (GIE), Ricardo Mendoza, Jr. and Ma. Lourdes Mendoza.
Ombudsman records showed that the supplier GIE submitted a “bid quotation” a day after the purchase request was issued, indicating that the officials chose a particular brand in violation of procurement rules.
According to Morales, respondents’ actions were “evidently issued to cover-up the pre-selection of GIE as supplier of the fertilizers.”
The Ombudsman added that because of the lack of public bidding, the government suffered injury because it was not given the opportunity to avail itself of the best product or service at the lowest price in the market.
Under Section 3(e) of the anti-graft law, a public official is liable for graft for causing injury to government and giving unwarranted benefits, advantage or preference to any private party through manifest partiality, evident bad faith or gross inexcusable negligence.
Acain’s fertilizer funds were sourced from the P728-million “Ginintuang Masaganang Ani Program” of the Department of Agriculture under the administration of former President Gloria Arroyo meant to provide poor farmers with fertilizer, irrigation, seeds, education and training, loans, as well as dryers and post-harvest facilities.
The P728 million fertilizer funds were part of an alleged scam of diverting the funds to Arroyo’s campaign kitty to pay off favored local officials. The funds were released three months before the 2004 elections. Arroyo was cleared by the Ombudsman over the alleged scam. CDG/rga
READ: WHAT WENT BEFORE: Fertilizer Fund Scam