Ombudsman Ma.
Merceditas N. Gutierrez yesterday ordered the filing of graft
charges against the Governor of Western Samar and six others for the
alleged anomalous purchases of medicines and other goods worth P16.1M
without public bidding for the period Dec. , 2001 – Dec. 2002.
In a 36-page
Resolution, Ombudsman Gutierrez found probable cause and hence ordered
the filing of eight informations for Violation of RA 3019 ( Anti-graft
and Corrupt Practices Act) against Gov. Milagrosa Tee Tan; Treasurer
Damiano Zerda Conde Jr.; Budget Officer Maximo Darunday Sison;
Administrative Officer Rolando Bolastig Montejo; Gen. Services Officer
(GSO) Aurelio Bardaje Jr.; GSO Record Officer and Inspector Numeriano
Legaspi; Accountant Romeo Chan Reales; and several John and Jane Does.
The said officials
were charged by the Isog Han Samar Movement of Catbalogan, Samar
represented by Fr. Noel Labendia of the Diocese of Calbayog,
Catbalogan, Samar, based on investigation conducted by the Commission on Audit
(COA) on selected transactions of the
Province of Western
Samar from Jan. 1, 2001 – April, 2003.
Among the transactions
audited were for the purchase of medicines worth P3.9M;assorted goods
and rice – P10.6M; and electric fans – P1.6M for a total of P16.1M.
Investigations also
reveal that no competitive public bidding took place for the purchase
of electric fans as the delivery of the same were made even before the
conduct of public bidding.
Based on records, the
respondents also used the occurrence of typhoon “KIdang” on Dec. 4-5,
2001 to justify their action to dispense with the public bidding and
instead resort to an emergency purchase of various medicines and
goods.
However, it was found
out that while the emergency purchases for various medicines and goods
were intended for victims of typhoon “KIdang”, “the Sangguniang
Panlalawigan Resolution No. 88-2001 attached to the Disbursement
Vouchers refers to typhoon “Nanang” which hit the province of Samar on
Nov. 6, 2001.”
At the same time, one
emergency purchase of assorted medicines was anchored on a request
made by the Local Health Board of Gandara dated Oct. 22, 2001, two
months prior to the occurrence of typhoon “Kidang”.
The other purchase was
based on a letter-request of the Tarangnan Municipal Mayor dated Dec.
3, 2001, a day before the locality was hit by the typhoon.
On the other hand, it
describes as “absurd” the emergency purchase of rice and goods from
Wilmart’s Mini Mart seven days after the typhoon. Also, the canvass,
issuance of Purchase Order, the delivery of the merchandise and the
inspection took place in just one day. The Office of the Ombudsman
said the transaction is highly suspect as Wilmart’s Mini Mart only has
a capitalization of P100,000 and is not even registered as a rice
supplier. It is also 107 kms. away from Samar which makes it
improbable to deliver several hundreds of sacks of rice in just one
day.
As a result, Ombudsman
Gutierrez ordered the filing of eight Informations for Violation of
Sec. 3(e) of RA 3019 before the Sandiganbayan against the said
respondents. All respondents were likewise found guilty of Grave
Misconduct, Dishonesty and Conduct Prejudicial to the Best Interest of
the Service and were meted the penalty of dismissal from the service.
However, since Tan was
re-elected during the May 2004 elections, the said penalty cannot be
imposed on her.
Assistant Ombudsman
Mark E. Jalandoni then directed Gov. Tan and the Dept. of Finance to
immediately implement and report the implementation of the Decision to
the Office of the Ombudsman within five days from receipt of the same.
