Palawan ex-gov faces raps over Malampaya

MANILA, Philippines -  Former Palawan governor Joel Reyes and 41 other individuals are facing multiple criminal charges over P1.534 billion worth of alleged anomalous contracts that the provincial government entered into in 2008 using proceeds from the Malampaya gas project.

Filed by the Office of the Ombudsman before the Sandiganbayan, the charges include graft, falsification of public documents and violation of contracts involving public works projects under Presidential Decree 1759.

Reyes was named the principal defendant in 36 out of the 159 separate cases while former provincial engineer Charlie Factor was named primary accused in the rest of the charges.

Reyes faces 14 counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which prohibits a public official from causing any undue injury to any party, including the government or giving any private party unwarranted benefits, advantage or preference through manifest partiality, evident bad faith or gross inexcusable negligence.

He also faces 22 counts of violating Section 3 (g) of RA 3019, which prohibits a public official from entering into any contract or transaction manifestly or grossly disadvantageous to the government.

The ombudsman set Reyes’ bail bond at P1.080 million. But Reyes and his brother, Mario, a former Coron town mayor, are detained without bail at the Puerto Princesa City Jail on murder charges in connection with the killing of journalist and environmentalist Gerry Ortega in January 2011.

Factor’s bail bond was set at P3.604 million for 50 counts of violating Section 3 (e) of RA 3019; 76 counts of falsification of public documents under Article 171 of the Revised Penal Code, and seven counts of violating Section 2 in relation to Section 1 of PD 1759.

Named co-accused in the cases were 24 other former Palawan provincial officials and 16 private individuals representing various construction and supply firms.

The Ombudsman alleged that Reyes, in behalf of the provincial government, entered into 203 contracts with 11 firms in 2008 for P1.534 billion worth of projects that were funded from the Malampaya natural gas extraction operation in the province.

The projects include construction of school buildings, daycare centers and multi-purpose halls; construction, concreting or repairs of roads and bridges; San Vicente Airport development; Coron Bay development; solar panel and street light distribution; and construction of water transmission lines and disinfection site.

The ombudsman said the government procurement law was violated through the non-posting of the invitation to bid in the provincial government’s website, improper evaluation of bid proposals and the non-submission of bidding documents by a majority of the contractors.

Graft probers further alleged that the public respondents allowed just the same set of key personnel to supervise the construction works in different municipalities with overlapping timing of project implementation.

The ombudsman said this was “in contravention to what was agreed upon in the contracts, that key personnel shall stay in the job site at all times and shall handle only one contract at a time.”

It added that the contracts were disadvantageous to the government as there was no provision requiring the contractors to pay damages in case of delays in the completion of the projects as required under Section 68 of RA 9184.

Reyes and the other public officials also allegedly conspired in approving the release of payments to the contractors despite lack of supporting documents and “incompleteness of the projects.”

Factor and the other engineers as well as some state auditors were accused of falsifying work accomplishment reports and site inspection reports to make it appear that the projects were completed.

Aside from Reyes and Factor, the other former provincial officials charged were Romeo Seratubias, administrator; Ferdinand Dilig, general services officer; Luis Marcaida II, budget officer; Teofilo Palanca Jr., treasurer; Samuel Madamba II, planning and development coordinator; Rolando Bonoan Jr., councilor; Orlando Colobong accountant; and Elena Vergara-Rodriguez, legal officer.