Ombudsman fines ex-Samal mayor for receiving P200,000 cash gift

The Office of the Ombudsman has penalized the former mayor of the Island Garden City of Samal after finding him guilty of grave misconduct for receiving a P200,000 cash gift from a multi-purpose cooperative.

The Ombudsman said Aniano Antalan is facing a fine equivalent to his one year's salary and has been punished with the accessory penalties of perpetual disqualification from holding public office, forfeiture of retirement benefits, and the cancellation of his eligibility.

Antalan is also set to face trial for three counts of indirect bribery and two counts of violation of Section 3(b) of the Anti-Graft and Corrupt Practices Act before the Sandiganbayan.

Under the law, a public official is criminally liable when he is "directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the government and any other part, wherein the public officer in his official capacity has to intervene."

According to the Ombudsman, Antalan signed a memorandum of agreement with Coop-National Confederation of Cooperatives and the Samal Island Multi-purpose Cooperative (SIMC) for the implementation of micro-finance projects in 2012.

The funds delivered to SIMC for the project amounted to P5 million and was coursed through the Priority Development Assistance Fund of Antalan. The cooperative received the funds on December 28. 

Graft investigators found that SIMC gave P200,000 as "gift" to Antalan on the same day.

In a resolution by the Ombudsman, it said evidence showed that the SIMC board "authorized the release of the cash gift to (Antalan) as an expression of gratitude to him because he is always there for the cooperative especially in approving/signing of the MOA between the local government of IGaCOS with the coop.”

Antalan did not deny receiving the cash in his counter-affidavit. He instead admitted that he received P100,000 in 2014 and another P100,000 in 2016, saying the money was "given during the Christmas season."

Antalan said the amounts he received are insignificant in value to make him liable for graft.

However, the Ombudsman said the case against the former local chief executive was not about the value he received but how it was used to favor SIMC.

“The amounts that were given in 2014 and 2016 are not of nominal or insignificant value or mere tokens of gratitude under ordinary circumstances. It is manifest that the reason of SIMC’s board in giving the cash gifts was to acknowledge the help given by respondent in the approval of the MOA,” the Ombudsman resolution read.

The anti-graft body added that the MOA between the local government, Coop-NATCCO, and SIMC had no mention of giving public funds to Antalan.

“First, the MOA does not provide for such kind of funding to respondent. Second, if the amount is really intended for such purpose, then it forms part of the public funds which should have been turned over to the city government for it to be the subject of regular accounting rules and procedures," the Ombudsman said.

"Verily, there is evidence to show that the money given was not intended for the implementation of SIMC’s micro-lending program but a cash gift at the full disposal of respondent,” it added. —KG, GMA News