Lapid, others face graft charges over fertilizer scam

The Office of the Ombudsman is set to file graft charges against Senator Lito Lapid for his supposed involvement in the alleged multimillion-peso fertilizer scam when he was governor of Pampanga in 2004.

The case involved the alleged overpricing of 3,880 liters of liquid fertilizer allegedly bought by the provincial government from Macro-Micro Foliar Fertilizer for P4,761,818.18 without competitive public bidding.

According to a resolution signed by Ombudsman Conchita Carpio Morales, the fertilizer bought from Macro-Micro Foliar Fertilizer "is 1000% higher than the other fertilizers of the same kind."

"If the provincial government of Pampanga undertook the purchase through public bidding, it could have purchased a fertilizer of equal or better quality than Macro-Micro Foliar Fertilizer at a lesser or competitive cost, thus allowing the Province of Pampanga to secure the best commercially available fertilizer product at the lowest price possible," a protion of the resolution read.

The Ombudsman also said the Pampanga government made the purchase "without ensuring that the government benefits from the best products/services available from the market at the best price."

Lapid's role

Lapid, a former actor, will be charged for allegedly violating Section 3(e) in relation to Section 3(g) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.  

According to the Ombudsman, Lapid requested the Department of Agriculture regional office in Central Luzon to release P5 million for the procurement of 3,880 bottles of fertilizer at P1,250.00 per liter/bottle.

He also allegedly issued a certification that "there was no suitable fertilizer substitute with the same quality" and that the mode of procurement would be direct purchase from its exclusive distributor, MPTC.

Also recommended to be charged are Pampanga provincial accountant Benjamin Yuzon and Pampanga provincial treasurer Vergel Yabut, and Malayan Pacific Trading Corporation (MPTC) incorporators Ma. Victoria Aquino-Abubakar and Leolita Aquino, and D.A. Vazquez Macro-Micro Fertilizer Resources owner Dexter Alexander Vasquez.

Morales has ordered the dismissal from service of Yabut and Yuzon.

"When they (Yabut and Yuzon) performed the said acts without questioning the propriety of the transaction, much less inquiring whether the same was in accordance with the existing policies and procedures, and by mechanically fixing their signature thereon, they signified their acquiesce to disregard RA 9184 (Government Procurement Reform Act)," the resolution said.

Dismissed cases

Meanwhile, the criminal cases against Lulu Alingcastre, Leonardo Mendoza, Ramir Flores, Ismael Abubakar, Jr., Alberto Aquino, Arthur Aquino, Paul Albert Aguino, Marites Sto. Domingo, Rolando Dorado and Ade Nasuiton were dismissed for lack of probable cause, the statement said.

Charges against a certain Benalfre Galang was also dismissed due to his death, it added.

On the other hand, administrative charges against co-respondents Lulu Alingcastre, Leonardo Mendoza and Ramir Flores were dismissed for lack of merit, it added.

'Yet to receive copy of resolution'

Lapid, in an earlier statement, denied involvement in the alleged scam. He said he has yet to receive a copy of the Ombudsman resolution as of Friday morning.
 
"Ayon sa aking mga abogado, sinagot na namin yung reklamo kung saan hinihingi rin naming tignang mabuti ng Ombudsman 'yung kaso, lalo na 'yung aming depensa na magpapatunay na wala akong nilabag na batas kaugnay ng transaksyong sinasabi nila," he said. —Amanda Fernandez/KBK, GMA News