MikeLigalig.com

By Bohol Chronicle

Another set of complaints has been filed in the office of the Ombudsman against embattled National Irrigation Administration (NIA) Regional Director VII Engr. Modesto G. Membreve.

This time around , it is coming from a group of Concerned Citizens of Bohol and the Rest of Region VII.

Signing as complainants were Engr. Petronilo S. Sarigumba, President of Bohol Against Corruption and Social Harrassment (BACOSH) and Josephus Gaviola who presented a Community Tax Certificate (CTC) issued at Alburquerque and hails from Brgy. Sta. Felomina, Alburquerque, Bohol.

When reached for his reaction by the Chronicle, Engr. Membreve said that he will reserve his reply upon receiving a copy of the complaint.

The Complaint included a Prayer for the Issuance of a 90-day Preventive Suspension against Membreve for violation of provisions on Nepotism, violation of Section 3 of RA No. 3019, otherwise known as Anti-Graft and Corrupt Practices Act and Section 4 of RA No. 6713 - Code of Conduct and Ethical Standards for Public Officials and Employees.

The 15- page complaint with 26 annexes, notarized by Atty. Danilo A. Bantugan, was filed at the Office of the Ombudsman, Cebu City at 10:05AM last Thursday.

Complainants Sarigumba and Gaviola called on the Ombudsman to conduct a "fearless, complete, thorough, comprehensive and incisive investigation on the anomalies of the respondent public official".

Both complaints were similar in nature to a previous complaint filed by Jun Gulle except that allegations of immorality against the NIA official and complaint against Membreve's wife meddling in government contracts were dropped by the complainants in the second case.

Copies of a summary of complaints shall be furnished the respondent if the Ombudsman finds reasonable grounds to investigate further.

Respondent will be required to submit a written answer within seventy two (72) hours from receipt of order to respond to complaint and if found satisfactory, it shall dismiss the case against the respondent.

The complainants charged Membreve for allegedly "causing the appointment of his two (2) daughters and his son-in-law to the NIA".           

Although the appointment was initially issued by the Regional Irrigation Manager of Region 10, "Membreve's daughters and son-in-law were later transferred and were working in NIA Offices in Region 7 which is under the control and supervision of respondent Membreve, himself, who is the Regional Irrigation Manager of Region 7".

Sarigumba and Gaviola decried the" ingenuity thought by respondent Membreve" by attempting to skirt this prohibition by letting the Regional Irrigation Manager of Region 10 appoint his two (2) daughters and his son-in-law to the NIA".

Documents attached to the complaint sheets showed that services of Membreve's two daughters and son-in-law were first "engaged" for the Balingasag River Irrigation Project from July 1, 2009 to December 31, 2009. Subsequent employment as shown in the Plantilla of Casual Appointment also showed that presently their services are being engaged in the P450M Talakag River Irrigation Project in Bukidnon from January 1, 2010 to December 31, 2010.

The complaint noted that "respondent Membreve was formerly connected at NIA Region 10 as Division Manager" before his assignment as OIC, Project Manager of Bohol Irrrigation Project Stage 2 from 2004-2009.

Upon completion of the Bohol Irrigation Project, the NIA Regional Office 7 was established from the original and composite Regions 7 and 8 offices based in Tacloban City.

Complainants identified Membreve's daughters as Hannah Grace V. Membreve allegedly, working as Engineer B with daily wage of P687.22 at the Bohol Provincial Irrigation Office (BPIO), Tagbilaran City and Ma. Heddah M. Hilot, data encoder at P493.54/day together with her husband, Ronaldo B. Hilot, Irrigators Development Officer A at P687.22/day, both allegedly working at the Bohol Irrigation System (BIS), Pilar, Bohol.

All appointment papers of the respondents (two daughers and son-in-law) as casual employees were signed and approved by NIA Region 10 Regional Manager Julius Maquiling and the Civil Service Commission Field Office.

The complainants also denounced Membreve for his alleged lavish preferences and lifestyle as evidenced by four vehicles - 1991 Nissan pick-up, 1994 Mitsubishi Pajero, 2006 Chevrolet Optra and a 2007 Honda City, all registered under the name of Modesto G. Membreve.

As shown by attached LTO documents, all four vehicles are registered under Modesto G. Membreve with different addresses - the Nissan pick-up with address in Bool, Tagbilaran City, Pajero in Ubay, Chevy Optra and Honda City with address both in 1881 Z. Sun Valley V. Rama Ave., Cebu City.

Sarigumba and Gaviola also requested the Ombudsman to look into the respondents frequent travel abroad as shown by attached printouts of his travel records from the Bureau of Immigration.

Although there was no showing by the complainants if the respondent Membreve declared these vehicles in his Statement of Assets and Liabilities (SALN) or the alleged travels were part of official travels in connection with his official duties as a ranking NIA Regional Official, the complainants still were reportedly scandalized by the respondent's flaunting of his alleged "wealth and possessions which is not commensurate to his income as a public official with a Salary Grade 26".

The complainants were also appalled by respondent alleged order for" lowly paid workers to vacate the NIA compound and live in apartments adding cost to their living".

Membreve, according to complainants converted the sleeping quarters into an "expensive and elegant quarters with expensive seats, tables and furniture with all rooms air conditioned".

The complaint also accused Membreve of "collecting an equivalent of 10% of the Approved Budget Cost (ABC) from project contractors" and arranging "buy-outs of contract/bidding"

Charges of defective and poor project implementation under the supervision of Membreve were also raised citing the Bohol Irrigation Project Stage 2 and the Talibon Small Reservoir irrigation Project (SRIP) spillway and retaining wall. Complainants raised fears that the dam will be "decommissioned for patent defects".

Overpricing of four SRIP's in Mabini-Cayacay, Mabini, Benliw, Ubay, Hibale, Danao and Bonot-Bonot, Buenavista were also included for allegedly incurring a 100% overprice.

Complaints of overpricing zeroed in on a NIA project in Clarin were "materials were overpriced by 200%. Bidding was arranged" with the winning bidder identified as engaged in the "garments and medical equipments business allegedly rewarding Membreve of travel to the US".

Usurpation and abuse of authority were also alleged against the respondent for "conducting biddings and approving projects which amounts are beyond his legal authority to approve".

Sarigumba and Gaviola expressed dismay on the move of Membreve for allegedly approving and awarding projects under the authority of the NIA Provincial Office in violation NIA Memo Circular No. 14 series of 2009.

Complainants claimed that Membreve "usurped and performed functions not legally authorized to approve and award".

They cited projects below P3M which should be under the authority of the NIA Provincial Office to approve and award but were allegedly transferred to the Regional Office under Membreve.

Complainants also implored the Ombudsman to act with "great urgency and importance" for the issuance of a preventive suspension against Membreve for allegedly "using his power and influence to intimidate potential witnesses against him".

This, after polygraph tests administered by the NBI as per request of Membreve on some 14 NIA Regional and Provincial employees suspected of leaking documents to be used as evidence against Membreve.

A letter addressed to the Director of the NBI byPacifico J. Alfarero, Jr., one of the fourteen (14) employees who were subjected to the polygraph test by the NBI was attached to the complaint.

The letter also condemned the manner the employees were subjected to the lie detector tests as "weird and unwanted".

According to NIA employees results of the lie detector tests are expected to be released by the NBI this month. (CVM)

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