Catbalogan, Samar, Philippines

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Another graft case filed against Samar governor, 5 others

By RICKY J. BAUTISTA
October 25, 2006


Governor Milagrosa Tan

CATBALOGAN, Samar  –  Western Samar Governor Milagrosa T. Tan has requested the Ombudsman for an extension in the filing of counter-affidavit on the recent graft cases filed against her regarding the purchase of drugs and medicines.

In a motion dated October 16, 2006, the counsels of the governor requested for an extension of 20 days, from October 9 to 29, 2006, to file the counter-affidavit.

Administrative and criminal charges were filed by Aurelio Bardaje Jr. before the office of the Ombudsman-Visayas against Governor Tan, for allegedly violating an SP ordinance and for purchasing medicines without any supporting documents.

It can be recalled that Bardaje, the complainant, was one of the co-respondent of Tan in a graft case earlier filed at the Ombudsman central office and is now pending at the Sandiganbayan.

Bardaje's complaint was received by the office of the Ombudsman on June 28, 2006. In his complaint, he alleged that the provincial government purchased drugs in three instances at a total amount of about P6 million which, he claimed, was in violation of Sangguniang Panlalawigan ordinance.

Bardaje was an appointed Administrative Officer V of the Samar Provincial Health Office (PHO) - Samar Provincial Hospital in December 2001, and was detailed to the Samar Provincial General Services as OIC until November 7, 2003, then detailed again to the Office of the Governor until November 22, 2004 but he was assigned back at the PHO.

“It is respectfully requested that an appropriate investigation be conducted by your office and, if the evidence warrant, to file the appropriate charge/s before the Sandiganbayan,” Bardaje said in his letter-complaint to Ombudsman Merceditas Guttierrez.

In his affidavit attached to the letter-complaint, Bardaje accused Tan and five other provincial officers -- Dr. Rudolf Mabulay of the Samar Provincial Hospital and Bids and Awards committee members Provincial Budget Officer Maximo Sison, Administrative Officer Rolando Montejo, Provincial Legal Officer Anastacio Yong, and OIC General Services Officer Ariel Yboa – of alleged wrongdoings.

Last September 11, after “finding enough basis to proceed with the preliminary investigation and administrative adjudication proceedings of these criminal and administrative cases,” Edgardo G. Canton, Director of the Evaluation and Investigation Office of the Ombudsman-Visayas based in Cebu City, has ordered the respondents to submit or file their counter-affidavits within 10 days from receipt of the order.

The cases against the respondents are docketed as OMB-V-C-06-0362-G for the criminal case and OMB-V-A-06-0405-G for the administrative case.

This writer tried to reach Tan and the other respondents for their comments but to no avail.

According to the sworn-affidavit of the complainant (Aurelio Bardaje Jr.), a copy of which was obtained by this writer, he alleged that on August 10, 22 and 23, 2005, the provincial government through Governor Tan purchased various drugs and medicines in the total amount of P6,044,032.00 without some proper necessary documents.

In the purchase, “There was no (attached) recommendation made by the Samar Therapeutic Committee which was a violation of Sangguniang Panlalawigan Ordinance No. 542, series of 2003, and that the purchases were also made in violation of Section 7 Article II and Section 13 Article V, RA 9184 as there was no approved Annual Procurement Plan of the province.”

Earlier, Ombudsman Ma. Merceditas N. Gutierrez has charged Governor Tan, and six other capitol officials including the complainant Bardaje with graft before the Sandiganbayan for also purchasing medicines and other goods worth P16. 1 million without public bidding in 2001 and in 2002.