Ombudsman affirms ruling vs. ex-DPWH exec 

Ombudsman Conchita Carpio-Morales has approved with finality the filing of a graft case against a former ranking official of Department of Public Works and Highways (DPWH) in connection with the alleged anomalous payments made to private individuals for land properties that were actually owned by the government.

 

In a resolution recently signed by Morales, the Ombudsman denied the motion for reconsideration of lawyer Oscar Abundo, the former director of DPWH Legal Services division, in the Ombudman’s ruling finding probable cause to charge him with violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

 

The anti-graft body affirmed its earlier findings that Abundo caused undue injury to the government by approving in 2001 the payment of P24.299 million to the heirs of a certain Mohamad Bin Abdurasak for the sale of two lots located in Barangay Makar in General Santos City, North Cotabato to the DPWH for a national highway project.

 

The Ombudsman said that based on the audit report of the Commission on Audit (COA), the sellers had no right to claim a right-of-way compensation for Lots 41 and 43 in Makar because “these lands were actually owned by the Republic of the Philippines.”

 

The Ombudsman said the COA report also revealed that the DPWH made the payments to Abdurasak’s heirs despite discrepancy in the name of the DPWH project as stated in the Special Allotment Release Order (SARO) issued by the Department of Budget and Management.

 

The Ombudsman said that under the SARO, the payment of the right-of-way claim was for the Davao City-Bukidnon Road project instead of the General Santos City-Koronadal Road project.

 

The Ombudsman added that at the course of the investigation, it was found out that the director of DPWH Region XI actually returned the voucher covered by the defective SARO to the DPWH central office but Abundo allegedly “did not take any step to correct the mistake in the SARO.”

 

Instead, Abundo allegedly instructed the DPWH Chief Accountant to issue a Certificate of Availability of Funds to cover the P24.299 million partial payment to the claimants.

 

The Ombudsman in its resolution said Abundo’s inaction on the defective SARO “bespeak of bad faith and manifest partiality considering that he had full knowledge of the reason for the return of the voucher by the DPWH Region XI Director.”

 

The Ombudsman said further investigation revealed that it was actually Abundo who proposed the payment scheme for the sale of Lots 41 and 43 and that he was the one who instructed the Regional Director of DPWH Region XI to prepare the Deed of Sale.

 

The Ombudsman ruled that “as a result of Abundo’s action and inaction, he caused payment that otherwise should not have been made… giving the heirs unwarranted benefit, advantage or preference.”

 

Meanwhile, the charges against District Engineer Tito Valdez and Chief Accountant Teresita de Vera as well as the representative of the heirs, Jovina Abdurasak, were dismissed “for lack of sufficient evidence.” — RSJ, GMA News