Ex-CamNorte governor faces graft over fertilizer scam

Ombudsman Conchita Carpio-Morales has ordered the filing of graft charges against former Camarines Norte governor Jesus Typoco in connection with his alleged involvement in the multi-million peso fertilizer fund scam.

 

In a joint resolution recently signed by Morales, the Office of the Ombudsman found probable cause to charge Typoco and seven others with violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

 

Named as Typoco's co-accused were provincial accountant Maribeth Malaluan, Bids and Awards Committee (BAC) members Jose Atienza, Lorna Coreses, Cesar Paita, Rodolfo Salamero and Jose Rene Ruidera as well as private individual Alex Rivera of Hexaphil Agriventures, Inc. (Hexaphil).

 

Aside from graft, all the respondents, except for Typoco, were also ordered to be charged with violation of Section 65.3(1) of RA 9184 or the Government Procurement Reform Act.

 

Based on the Ombudsman's records, it was in 2004 when the provincial government of Camarines Norte received from the Department of Agriculture the amount of P4 million for the purchase of agricultural supplies and another P1 million for vegetable seeds.

 

The Ombudsman said that sometime in March 2004, Rivera of Hexaphil offered his liquid fertilizer products to Typoco at P700 per bottle.

 

A month later, on Apr. 16, 2004, Typoco and the BAC awarded the procurement of 7,142 bottles of liquid fertilizer to Hexaphil without holding public bidding.

 

The Ombudsman said it was also established that Hexaphil was not a legitimate company as it has no business permit or a license to operate.

 

The anti-graft body further noted that Hexaphil was not registered with the Department of Trade and Industry, Securities and Exchange Commission or the Bureau of Internal Revenue and that the company cannot be located in its declared business address.

 

On the part of Typoco and the other provincial officials, the Ombudsman said they did not exercise diligence in the conduct of its market probe prior to the award of contract.

 

The Ombudsman said the respondents also violated procurement rules by their reference to brand names and by resorting to direct contracting which are both prohibited under RA 9184.

 

In finding probable cause to charge Typoco, the Ombudsman resolution stated that he "cannot simply be exempted because he was then busy campaigning for the upcoming elections.”

 

"As governor and public official, he (Typoco) is accountable for his actions relative to the contract he entered into," the resolution read.

 

"The acts of public respondents may appear independent but the same were in fact concerted and cooperative, indicating closeness of personal association, concerted action and concurrence of sentiments which would not have been consummated if not for the participation and concerted efforts of all public respondents," the resolution added.

 

Section 3(e) of RA 3019 prohibits public officials from causing any undue injury to any party, or giving any private party unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions.

 

Meanwhile, Section 65.3(1) of RA 9184 prohibits the submission of eligibility requirements containing false information or falsified documents calculated to influence the outcome of the eligibility screening process or when the concealment of information will result into ineligibility. —ALG, GMA News