Ombudsman pushes graft charges vs general, aide

The Office of the Ombudsman has recommended the filing of criminal charges of graft and malversation of public funds against a military general and his civilian finance officer for illegally transferring interest earnings of funds in the amount of more than P2 million from the Bataan Technology Park Inc. (BTPI), an agency which they are working for, to another account without prior approval or ratification from the Board.

The Bataan Technology Park was established as the Main Zone of the Morong Special Economic Zone (MSEZ) by former President Fidel V. Ramos through Presidential Proclamation No. 984 in 1997.

With the Bases Conversion and Development Authority (BCDA) as implementing arm, the BTPI was incorporated and registered with the Securities and Exchange Commission as a wholly owned subsidiary to manage and administer the developmental activities within the area. The Park is formerly the Philippine Refugee Processing Center.

The 26-page Resolution issued by Graft Investigation and Prosecution Officer I Eva Mina, of the Ombudsman’s Office, said “finding probable cause, it is respectfully recommended that the corresponding informations for malversation of public funds under Article 217 of the Revised Penal Code and violation of Section 3 (e), Republic Act 3019 (Anti-Graft and Corrupt Practices Act), be filed against Brig./Gen. Lucino Duldulao and Oscar Macalino.”

Duldulao was the former vice president for Project Management of BTPI, while Macalino was appointed as BTPI chief accountant and later on as finance manager of the agency.

Another officer, BTPI president Gen. Artemio Tadiar, had died before the investigation was finished. Had Tadiar been alive, the Ombudsman’s Office said he would have been indicted. Tadiar’s participation was that the funds in question were transferred to his personal account, in the amount totaling P2,386,937.87. This was credited in the form of a cashier’s check of P1,075,012.77 and a credit memorandum to current account of Tadiar in the amount of P1,311,925.03.

Findings of the Commission on Audit (COA) audit team were validated by the BCDA Special Investigation Committee.

The Ombudsman’s resolution stated that respondents did not deny that interest earnings of the BTPI on high yield savings accounts had been transferred to another account without the corresponding authority or resolution of the Board of Directors of the BTPI. Consequently, the creation of an Intelligence Fund for which the funds were transferred, and the disbursement by respondents, without prior approval or ratification by the Board “is violative of Sec. 23 of the Corporation Code.”

“Their acts can be considered as ‘ultra vires’, having been performed in excess of the authority granted them. In addition, there is no item in the budget of the BTPI for an Intelligence Fund,” said the Ombudsman. – Sandy Araneta