Dead lawmaker charged with graft

MANILA, Philippines — A congressman who died three months ago has been charged with graft by the Office of the Ombudsman.

Former Ilocos Norte lawmaker Roque Ablan Jr., who died on March 26, was charged with four counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act before the Sandiganbayan on April 13 in connection with the fertilizer fund scam.

Ablan was accused of conspiring with six officials of the Department of Agriculture office in Ilocos in procuring 1,980 bottles of Fast Tracts Grow Foliar fertilizer and 53 units of Quan My backpack fertilizer sprayer from Cel-Ann General Merchandise without public bidding. The fertilizer was allegedly overpriced by P2.643 million.

Under Article 89 of the Revised Penal Code, “criminal liability is totally extinguished” with the death of the accused.

It was not the first time that the ombudsman filed charges against a dead lawmaker.

Last October, Simeon Datumanong of Maguindanao was charged with graft in connection with the pork barrel scam. He died in February also last year.

The ombudsman also filed a graft case against Mountain Province congressman Maximo Dalog last August, two months after his death.

In a statement issued after news of Dalog’s indictment came out, the ombudsman said “it is not expected to know or take notice of the death of an accused without proper manifestation from his counsel.”

“Ombudsman Conchita Carpio-Morales stressed that the death of a party to a case is not among the matters that her office is mandated to take notice of,” the statement said.