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Acting Ombudsman Casimiro orders the dismissal from the service of LWUA Chair Prospero Pichay; conduct further fact-finding investigation against GMA
04 July 2011, source: Ombudsman Website

Acting Ombudsman Orlando Casimiro signed the Decision in the case entitled Rustico Tutol et al. versus Chairman Prospero Pichay, Acting Administrator Daniel L. Landingin, Acting Deputy Administrator Wilfredo M. Feleo and Corporate Legal Officer Atty. Arnaldo Espinas. All officials from the Local Water Utlities Administration (LWUA).
          In the said decision, Acting Ombudsman Casimiro found substantial evidence to hold Prospero Pichay Jr, Daniel Landingin and Wilfredo Feleo of grave misconduct. As such, the penalty dismissal from the service with the accessory penalties of perpetual disqualification from public office and forfeiture of all benefits is imposed upon them. The said Order is immediately executory.
          The case stemmed from the unlawful disbursement sanctioned by Pichay in the investment made by the LWUA into the Express Savings Bank without any Memorandum of Agreement and without any previous authority from the Monetary Board of the Bangko Sentral. The OGCC on the other hand, stated that the investment required prior review of the DOF. Express Savings Bank was bought for 780 million pesos. Likewise, the DOF in its 4 December 2009 letter addressed to BSP Deputy Governor Nestor Espenilla stated that it found such investment inconsistent with the thrusts and policies of the government. The approval of the acquisition by the Office of the President (14 October 2009) was obtained four months after LWUA had already acquired the Bank.
          On another issue, Acting Ombudsman has issued an Order relative to the complaints filed against former President Gloria Arroyo relative to the fertilizer Fund Scam. In the  said Order, Acting Ombudsman approved the conduct of fact-finding investigation against former President Arroyo. These are based on complaints filed by Atty. Francisco Chavez and the KIlusang Magbubukid ng Pilipanas. In effect, the Acting Ombudsman has disapproved the previous recommendation that the case against former President Arroyo be dismissed for lack of evidence. It is an elementary principle that a Secretary is an alter ego of the President who has direct control and supervision over cabinet Secretaries.
          There is thus a need to conduct investigation as to the complicity or liability of the former President with respect to the allocation, release and expenditure of the Fertilizer funds.
          With the foregoing, the Acting Ombudsman has reiterated the need to establish a special team to look into and take a proactive stance in bidding activities conducted by local agencies. The Special Team created, will work hand in hand with the Resident Ombudsmen deployed in agencies to ensure compliance with the requirements of the Government Reform and Procurement Act thereby ensuring sound fiscal disbursement of public funds.
          As conviction rates before the Sandiganbayan is one of the performance indicators by which, the punitive aspect of the fight against corruption is measured, the Acting Ombudsman has ordered the hiring of more prosecutors for the Office of the Special Prosecutor. Aware of the current situation wherein there is a total of only 59 fulltime prosecutors handling trial, Acting Ombudsman Casimiro will address the imperative need of beefing up the complement  of prosecutors of the Ombudsman with the infusion of more lawyers  to handle the trial of graft cases. As the prosecutorial arm of the Ombudsman, it is critical to increase the complement as this would allow manageable case loads for the prosecutors towards the end view of improving and increasing the conviction rate of the Ombudsman. Acting Ombudsman Casimiro is of the view that the conviction of corrupt officials is a punitive measure needed to drastically eliminate grand corruption.

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