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Bataan Governor Enrique Garcia, Cabangan, Zambales Mayor Ronaldo Apostol ordered charged
30 June 2011, source: Ombudsman Website
visit: https://goo.gl/zf9rLb
The Office of the Ombudsman ordered the filing of criminal charges against Bataan Governor Enrique T. Garcia Jr., Cabangan, Zambales Mayor Ronaldo Apostol and several others for separate offenses.
          In a Resolution, Acting Ombudsman Orlando C. Casimiro ordered that an information for violation of Section 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act) be filed before the Sandiganbayan against Garcia stemming from the anomalous purchase of a patrol boat.
          Along with Garcia, also ordered charged with graft were Rodolfo De Mesa, Provincial Administrator; Imelda Inieto, Agriculturist; Alicia Magpantay, Accountant; Emerlinda Talento, Treasurer; Ludivina Banzon, Government Assistant Department Head; Godofredo De Guzman, OIC Department Head, Environment and Natural Resources; Pedro Baluyot, Supply Officer III; Angelina Villanueva, Management and Audit Analyst IV (resigned); Francisco Caparas, Local Treasury Operations Officer I; Enrico Yuson, Department Head, Provincial General Services Office; Evangeline Diaz, Department Head, Provincial General Services Office (retired); Danilo Abrera, Agriculturist II and private individual Ernesto Asistin, Jr.
          De Mesa, Inieto, Magpantay, Talento, Banzon, Yuzon, Diaz, De Guzman, Baluyot, Caparas and Abrera were also found guilty of Grave Misconduct and Dishonesty and were meted the penalty of dismissal from the government service.
          Records showed that on June 8, 2005, a patrol boat equipped with six cylinder gas engine was requested by agriculturist Inieto for the Bataan Provincial Anti-Illegal Fishing Task Force (BPAIFTF).
          Complainants Nestor Palomania and Alexander Caturao and the Ombudsman’s Field Investigation Office (FIO) alleged that respondents conspired with one another and with Asistin for the unlawful purchase of the patrol boat worth P142,500.
          The complaint alleged that Garcia et al awarded the bid contract to Asistin who was a non-qualified supplier and tendered the payment for the boat which caused undue injury to the government.
          It added that the documentary evidence revealed that a handwritten alteration was made in the Contract Agreement, Notice of Award and Notice of Proceed to change the specification from a six-cylinder gas engine patrol boat to a four-cylinder gas engine patrol boat.
         Evidence on record also revealed that the patrol boat was not delivered.
          “We are convinced that the subject transaction with Asistin who is not a bonafide supplier was carried out by the respondents with working knowledge of the ensuing irregularities and the consequences that would necessary follow. This is a demonstration of bad faith at its most evident, a clear display of gross inexcusable negligence,” the Ombudsman ruling said.
          In a separate Resolution, Acting Ombudsman Casimiro ordered the indictment of Municipal Mayor Apostol for Usurpation of Authority or Official Functions before the Sandiganbayan when he acted as the Presiding Officer of the Executive Session of the Sangguniang Bayan (SB) of Cabangan on December 23, 2008.
          Then Vice-Mayor Julius Bada stated in his complaint that Apostol usurped his powers and duties as municipal vice-mayor and presiding officer of the Sangguniang Bayan.
          The complainant claimed that Apostol presided in the session of the SB of Cabangan, which was surreptitiously held to prevent its detection by him and eventually passed a resolution authorizing the purchase of firearms for use of SB members.
          The Resolution stated that Sec. 49 and 445(a) of RA No.7160 (Local Government Code) designates the Vice-Mayor as the Presiding Officer of the SB.
          The anti-graft office said that, “In this case, respondent (Apostol) pretended that it is within his official function to preside over the sessions of the SB.” The meeting “was not a mere consultative meeting” as what Apostol claims. Rather, the session “authorizes a transaction with pecuniary implications”. Under the Local Government Code, it is specific in its mandate, that it is the Vice-Mayor who is specifically designated as the Sangunniang Bayan Presiding Officer.
          “This is demonstrated by his (Apostol) act of presiding over the 23 December 2008 session, as shown by its minutes,” the ruling said.

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