Ex-Surigao del Sur solon indicted for graft over pork barrel misuse
Former Surigao del Sur Rep. Peter Paul Jed Falcon is set to face a graft charge for the anomalous use of his P18.9-million pork barrel fund for communication equipment in 2007.
In a statement, Ombudsman Conchita Carpio-Morales has approved the filing of one count of graft or violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act over the allegedly anomalous procurement of P18.9 million worth of communication equipment in 2007.
According to the Ombudsman’s investigation, the local officials of the municipality of Lingig bought communication equipment and accessories using Falcon’s Congressional Initiative Fund.
The Ombudsman noted though that the local government unit did not receive the said equipment.
The following equipment were subject to disallowance of audit—36 sets long range radio/telephone, mother base, 9 units handsets, 10 units battery chargers, 10 units chargeable batteries, 10 units telephone jackets, 1 unit connector, umbrella type antenna with cable, operating manuals, and 35 sets of super long range cordless radio/telephone double base with cable and umbrella type antenna.
In her resolution, Morales said the project was awarded to Philflex through direct contracting without the benefit of a public bidding.
The Bids and Awards Committee (BAC) also “failed to sufficiently explain the basis for their recommendation [of Direct Contracting],” Morales said.
Morales also cited the Commission on Audit, which observed that the BAC’s preference for a specific brand constitutes a violation of procurement regulations.
Falcon signed the invoice-receipt for property of the communication equipment without turning over the equipment to the local government unit that purchased it, Morales said.
“(T)he equipment was delivered to the office of (respondent) who signed the Invoice-Receipt for Property,” Morales said.
“While it may be true that Falcon did not participate in the procurement process, it cannot be denied that he accepted the equipment even if his office was not the procuring entity and did not turn it over to the LGU (local government unit) that paid for it,” Morales added.
Also ordered charged were Lingig mayor Roberto Luna Jr.; BAC members Jethro Lindo, Aludia De Castro, Carmelo Rebosura and Teofilo Maymay; municipal treasurer Ebrencio Indoyon Jr.; and Ma. Luzviminda Lopez of Philflex Trading and General Merchandise.
Section 3(e) of the anti-graft law prohibits public officials from causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. RAM
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