Bayani Fernando, MMDA execs face graft charges for alleged misuse of MMFF funds

MANILA, Philippines –  The Ombudsman has ordered graft charges filed against former Metro Manila Development Authority Chairman Bayani Fernando for the allegedly anomalous usage of Metro Manila Film Fest funds.

Ombudsman Conchita Caprio Morales also ordered the filing of  13 counts of violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act or the Republic Act No. 3019 against MMDA Assistant General Manager Edenison Fainsan and Director Leonila Querijero, consultant Rolando Josef, Chief Revenue Officer Cleofe Ablog and General Manager Robert Nacieno.

Based on a special audit conducted by the Commission on Audit, several Notices of Disallowance had been issued regarding the following disbursements from 2003 until 2009:

• P1.6million as birthday cash gift to Fernando
• P11.8million as expenses for cultural projects
• P10.8million in cash incentives granted to the chair and members of the Executive Committee

Fernando, now congressman for Marikina City, served as the MMDA chief from June 2002 to December 2009.

COA discovered irregularities in the MMFF fund disbursement such as a lack of official receipts from local government units granted money for cultural projects, the absence of approved payrolls for the cash incentives and the issuance of checks for cash incentives in Ablog's name and on a pay-to-cash basis.

“Respondents’ conspiratorial act of authorizing and approving the irregular payments and expenditures depleted the funds of the MMFF, thereby causing it undue injury,” Morales said.

Meanwhile,  Fainsan and Querijo were also found guilty of Grave Misconduct. They have been ordered dismissed from service and have been meted  the accessory penalties of  perpetual disqualification from holding public office, forfeiture of retirement benefits and a cancellation of eligibility with bar from taking the civil service examination. 

The penalty is convertible to a fine equivalent to one year's salary in case of separation from service. –Rosette Adel