CEBU, Philippines - Two years ago, the Office of the Ombudsman has filed a complaint against former 4th District Rep. Clavel Asas-Martinez, her son, former Bogo Mayor Celestino “Tining” Martinez III, her daughter Maria Cielo Martinez and four other Bogo officials for violation of the Anti-Graft and Corrupt Practices Act and Malversation of Public Funds, among others.
Documents for such case were however released only recently and copies of such were furnished to members of the media.
The Field Investigation Office of the Office of the Ombudsman through Eugenio Ferrer, associate graft investigation officer I, in his 14-page complaint stated that “it is submitted that public and private respondents are criminally liable under Section 3 (e) of Republic Act No. 3019 and Article 217 of the Revised Penal Code.”
The public respondents, aside from the former congresswoman and former mayor were likewise administratively liable under paragraph b (1) dishonesty, (4) grave misconduct and (27) conduct prejudicial to the best interest of the service under Section 46 of Executive Order No. 292 or the Administrative Code of 1987.
The other respondents are Rhett Minguez (municipal treasurer), Cresencio Verdida (municipal accountant), Rhodariza Kilantang (bookkeeper) and Julieta Quinio (cashier-designate).
Ferrer in his complaint prayed that a formal criminal inquiry be made against the Martinezes and the other respondents while another formal administrative inquiry be made against all other respondents except the former congresswoman and the former mayor.
The FIO of the anti-graft office, as the nominal complainant filed this complaint dated March 17, 2008, but the documents were released only recently.
“Well, it’s election. It’s the name of the game. I’ve been through a lot. This thing is very normal for me. I’m used to it. Come what may it’s election season,” said former mayor Tining Martinez, who downplayed this recent complaint when asked for a comment.
This complaint stemmed from a letter received by the Office of the Ombudsman-Visayas dated April 26, 2004 from a “concerned and troubled official of GSP-Cebu Council,” who alleged that Rep. Martinez in connivance with the officials of the municipality of Bogo and officers of GSP-Cebu Council, took a total amount of P11.5 million from the Priority Development Assistance Fund for fiscal year 2004 allotted to her district and misappropriated such sum for her own personal benefit.
The complaint added that a portion of this particular PDAF worth P11.5 million was released for the Anti-Drugs program of the GSP through an unnumbered disbursement voucher dated September 15, 2003 duly signed by former mayor Martinez, Verdida, Minguez and Maria Cielo Martinez (GSP treasurer who allegedly received the payment).
The complaint further reads that on October 27, 2003, the P11.5 million was withdrawn by Rep. Martinez in her capacity as first Vice President for field of GSP-Cebu Council.
From the amount, P10 million was transferred to her personal account, account no. 9663-0063-01 at Bank of the Philippine Island Pasay Branch.
While the remaining P1.5 million was deposited by Minguez on December 11, 2004 at BPI-Makati Branch to account no. 0932-1000-61 in favor of the municipality of Bogo.
“As regards the remaining Php10 million, the same remained under the control and possession of respondent Clavel Martinez,” the complaint further reads.
Ferrer, in his complaint, added that the foregoing facts reveal that the scheme of Clavel Martinez to defraud the government and her conspiracy with her relatives and other private individuals to effects said scheme is evident.
Ferrer added that the choice of the GSP-Cebu council as beneficiary of the portion of 2003 PDAF of Clavel Martinez in itself suspicious and the released of P11.5 million in favor of the said council were never supported with a clear program of works and documents which would show the activities that the GSP would undertake and which would warrant the releases of the said huge amounts of government funds.
“The fact that the 2003 PDAF allotted to GSP-Cebu Council was deposited to the account of Clavel Martinez is highly irregular if not a conclusive proof of her malversation of the 2003 PDAF amounting to Php10 million,” the complaint added.—/NLQ (THE FREEMAN)