Ex-DOE chief Petilla, mom face graft raps over fertilizer scam

Former Energy Secretary Carlos Jericho Petilla and his mother Palo Mayor Remedios Petilla were charged with graft before the Sandiganbayan in connection with the 2004 fertilizer fund scam, during which the respondents were governors of Leyte province.

The graft charges against the Petillas were filled by the Office of the Ombudsman on April 6.

Jericho and Remedios, together with other respondents of the case, were accused of violating the Section 3 (e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

Co-accused in the cases are former assistant provincial agriculturist Rogelio Portula, former assistant provincial treasurer Rodolfo Badiable, former provincial accountant Tessie Ligutan, and a certain Marilyn Castillo of Castle Rock Construction.

In separate charge sheets penned by Graft Investigation and Prosecution Officer Feliz Marie Guerrero-Manlangit, then Leyte Governor Remedios and other provincial government officials were accused of committing on May 3, 2004 the offense of "willfully, unlawfuly, and criminally giv[ing] unwarranted benefits, advantage, and preference to Marilyn Castillo and/or Castle Rock" when they entered a contract for the purchase of 350 gallons of Florida Green Liquid Fertilizer at P5,000 per gallon for a total payment of P3,131,818.18."

Likewise, Jericho, who succeeded his mother after the May 2004 polls, was also accused of making an alleged irregular purchase of 350 gallons of Florida Green Foliar Liquid Fertilizer from Castle Rock on December 28, 2004 at P5,000 per gallon when the total price was actually lower at P1,686,363.64.

The Ombudsman alleged that the Petillas then conspired with officials of the provincial government and took advantage of their positions, acted in bad faith, and gross inexcusable negligence to commit the following irregularities:

• Unjustified resort to contracting with Castle Rock as there were other Fertilizer and Pesticide Authority-accredited manufacturers/distributors of the same product within the same province with the absence of a public bidding;
• Made specific reference to the brand name "Florida Green Foliar Liquid Fertilizer" in the purchase request, in violation of RA 9184 or the Government Procurement Reform Act;
• Prepared, issued, signed and approved unnumbered and undated purchase orders, reports and other supporting documents.

A bail bond of P30,000 was recommended for each of the respondents. — MDM, GMA News