Ombudsman indicts ex-Misamis Oriental mayor over P4.99M fertilizer scam

The Office of the Ombudsman has found probable cause to file graft charges against the former mayor of Libertad, Misamis Oriental and seven others  over their alleged involvement in the 2004 fertilizer fund scam.

In a resolution recently signed by Ombudsman Conchita Carpio-Morales, former Libertal mayor Alberto Acain was ordered charged before the Sandiganbayan with two counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Section 3(e) of RA 3019 prohibits a public official from giving unwarranted benefit, advantage, or preference to any party or causing any party, including the government, undue injury.

Ordered charged with Acain were former members of the municipal government’s Bids and Awards Committee namely; Lucia Almeñe, Oscar Benlot, Isidro Gervacio, Elizabeth Pagalan and Sergio Jacalan, Jr.

Also ordered charged with the same offense were private individuals Ricardo Mendoza Jr. and Ma. Lourdes Mendoza, representatives of Green’s International Enterprises (GIE).

Based on the Ombudsman’s investigation, the public respondents paid GIE a total of P4.99 million in 2004 for the two batches of procurement of liquid fertilizers.

The Ombudsman gave weight on a Commission on Audit (COA) report, which noted that the procurement was done without public bidding required under RA 9184 or Government Procurement Reform Act. Instead, the public respondents allegedly resorted to direct contracting without a valid justification for doing so.

The Ombudsman further said that based on the COA report, the GIE immediately submitted a “bid quotation” the day after the purchase request was issued. The Ombudsman said this is an indication that GIA was already “pre-selected” as the supplier of the fertilizers.

The Ombudsman said the respondents also violated government procurement rules by identifying a specific brand name in the purchase request, depriving the government a chance to find cheaper alternatives.

“By procuring fertilizers without the benefit of competitive public bidding, the government suffered injury because it was not given the opportunity to avail itself of the best product or service at the lowest price in the market,” the Ombudsman’s resolution read.

The alleged anomalous fertilizer transaction of Libertad municipality was part of the P728-million fertilizer scam allegedly orchestrated by former Agriculture Undersecretary Jocelyn “Jocjoc”Bolante under the guise of a Farm Inputs and Farm Implements Program (FIFIP) of the Department of Agriculture.

The fund for FIFIP's implementation was allegedly used for the 2004 presidential campaign of Gloria Macapagal-Arroyo.

In 2014, however, the Ombudsman cleared Arroyo of any involvement in the fertilizer scam. —ALG, GMA News