Former Eastern Samar solon and governor face graft raps

The Field Investigation Office (FIO)of the Office of the Ombudsman has indicted former Eastern Samar Rep. Marcelino Libanan and former Gov. Clotilde Salazar for graft over the allegedly anomalous use of fertilizer funds in 2004 and 2008.

In its resolution, the investigators found probable cause to indict Libanan, Salazar, and 11 others for violating Section 3(e) of the Anti-Graft and Corrupt Practices Act in the implementation of the Department of Agriculture’s Farm Inputs and Farm Implements Program (FIFIP).

The Office of Ombudsman found probable cause on the allegation that the P3.246 million fertilizer funds that Libanan, then a Houser member, received was used to purchase 2,164 bags of NBEM-21 microbial inoculant soil activator from AKAME Marketing International without public bidding and even though AKAME and its product are not registered under the Fertilizer and Pesticide Authority.

Libanan was commissioner of the Bureau of Immigration during the Arroyo administration.

The investigators said the respondents gave unwarranted benefits to AKAME when they approved direct contracting without conducting a canvass for a contract that could be cheaper and more advantageous to government.

“It is unquestionable that respondents… acted with manifest partiality…  when they approved the NBEM fertilizers from AKAME through direct contracting without any valid justification and without first conducting any canvass for a suitable substitute of NBEM fertilizer which could be cheaper and more advantageous to the government,” the investigators said.

The Ombudsman also found probable cause to indict Salazar and nine others for approving the use of P3.246 million fertilizer funds for 2,164 bags – again without canvass of prices and public bidding. Libanan was not indicted because he was not the approving authority.

The investigators found no graft offense, however, in the purchase of 1,168 bags of fertilizer worth P1.663 million, which enjoy the presumption of regularity.

Finally, the investigators dismissed the malversation complaint for allegedly misappropriating P3.084 million especially because there is no evidence the Bids and Awards Resolution was falsified.

The 6,664 bags of fertilizer were also delivered to the province and found stored in two separate warehouses, the Ombudsman said.

The other respondents are former provincial agriculturist Jesus Agda, provincial accountant Vener Dulfo, Bids and Awards Committee chairperson Vilma Bormate, BAC vice chair Necitas Ponferrada; BAC members Samson Nervez, Reynaldo Dorado, and Manuel Japzon; AKAME general manager and owner Edilberto Apostol; and AKAME representatives Cecilia Apostol, Kevin Apostol, and Mary Jane Fabian.

The charges were dismissed against acting provincial engineer Thomas Campomanes because he did not participate in the transactions, while those against officer-in charge provincial treasurer Manuel Nicart were dismissed by virtue of his death, the Ombudsman said. /atm