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Governor, Luzon mayors ordered charged before the Sandiganbayan
09 June 2011, source: Ombudsman Website

The Office of the Ombudsman ordered the filing of criminal charges before the Sandiganbayan against two incumbent mayors and several others for separate cases.

In a resolution approved by Acting Ombudsman Orlando C. Casimiro, incumbent municipal mayor Tomas P. Bongalonta, Jr. of Pili, Camarines Sur was ordered charged for Violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).

The case stemmed from the complaint of Municipal Accountant Eileen D. Ceron when Bangolonta imposed a penalty of dismissal from service against her without legal basis sometime in October 2005 which caused undue injury upon the complainant.

The Office of the Ombudsman had earlier imposed a penalty of suspension from office for six months against Ceron for Grave Misconduct arising from six counts of Estafa thru Falsification filed against her.

However, after Ceron has served the penalty, instead of reinstating the complainant to her original position, Bongalonta slapped her with dismissal from the service.

“Clearly, the respondent’s act caused undue injury to the complainant because the latter was deprived of her office, salaries and other monetary benefits attached to it during those years that she was arbitrarily dismissed from the service,” the resolution stated.

Meanwhile, present Municipal Mayor Teodorico Dp. Padilla, Jr. of Sta. Fe, Nueva Vizcaya was ordered charged for two counts of Violation of Article 218 of the Revised Penal Code (Failure of an Accountable Officer to Render Accounts).

The complaint was filed as Padilla failed to liquidate his cash advances amounting to more than P130,000 which he received from January to June 2004 for his travel expenses.

Despite repeated demands by the Commission on Audit (COA), Padilla failed and refused to liquidate the amount of the fuel and miscellaneous items issued to his privately owned vehicles.

In a separate case, the Ombudsman ordered the indictment before the Sandiganbayan of former Municipal Mayor Pepito C. Reyes of Perez, Quezon for violation of the anti-graft law (Section 3(e) of RA 3019) when he allowed a new cockpit to operate despite the existence of an old one.

The complaint arose when the Sangguniang Bayan (SB) through Kapasiyahan Bilang 2009-31 granted a franchise for the mayor’s brother, Nestor C. Reyes, to operate a cockpit in the municipality of Perez.

According to the complaint, Presidential Decree No.449 specifically prohibits the operation of two cockpits in small towns like Perez in which there is already an existing cockpit.

In its ruling, the anti-graft office stated that, “In the present case, in the discharge of the functions of respondent Reyes…he gave unwarranted advantage or preference through manifest partiality to his brother…in the operation of the cockpit in their municipality instead of renewing the permit of the previous operator…”

In another case, incumbent Agusan del Norte provincial governor Erlpe John M. Amante was slapped with graft charges before the Sandiganbayan.

          Amante was ordered charged for 13 counts of Violations of Sec. 3(e) and 13 counts for Sec. 3(j) of RA 3019.

Records revealed that Amante allegedly favored small-scale mining operator SR Metals Inc. (SRMI).

Acting Ombudsman Casimiro has recommended that further fact-finding investigation be conducted against Gov. Amante, Caloocan City Vice-Mayor Edgar “Egay” Erice of SRMI mining firm and several private individuals “to determine their liability for plunder and other crimes or offenses punishable under the law.”

The complaint alleged that SRMI managed to transport 672,163 metric tons of nickel ores worth $23,818,715 from August 2006 to April 2007.

Among the respondents in the barrage of graft cases filed before the Sandiganbayan are Provincial Engineering Office employees Apolinario L. Yee, 13 counts for Violations of Sec. 3(e) and 13 counts for Violations of Sec. 3(j) of RA 3019; Celso J. Perez, 2 counts for Sec.3(e) and 2 counts for Sec.3(j), and SRMI head Jimwell M. Orpilla, 13 counts for Violations of Sec. 3(e) and 13 counts for Sec. 3(j) of the anti-graft law.

Section 3, paragraph (e) of R.A. 3019 refers to the causing of “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.”

On the other hand, Section 3, paragraph (j) of R.A. 3019 reads: “Knowingly, approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.”

In its resolution, the anti-graft body averred that Amante gave unwarranted advantage to SRMI when it constantly issued transport permits in its favor.

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