The Office of the Ombudsman yesterday filed graft charges against Bataan Gov. Enrique Garcia Jr. and 10 other incumbent and former provincial officials before the Sandiganbayan over a P60-million land contract.
Garcia was charged with two counts of violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, along with former vice governor Benjamin Alonzo, provincial board members Edgardo Calimbas, Eduard Florendo, Edward Roman, Orlando Miranda, Rodolfo Izon, and Manuel Beltran, former board members Fernando Austria and Rodolfo Salandanan, and city councilor Dante Manalaysay.
Graft investigation and prosecution officer Clarisa Tejada recommended a bail of P30,000 for each of the accused.
In a 29-page resolution signed by Overall Deputy Ombudsman Orlando Casimiro, graft investigators said they found probable cause to indict Garcia and the 10 other accused for entering into a contract allegedly disadvantageous to the government with the Presidential Commission on Good Government (PCGG) and Baseco Drydock and Construction Co.
The charges stemmed from a complaint filed by Bataan resident Oscar de los Reyes on May 10, 2007, accusing Garcia and the other officials of executing a compromise agreement allowing the transfer of eight parcels of land of the province to Baseco.
Under the deal, the properties would be transferred and conveyed to a corporation to be incorporated by the provincial government and Baseco, which would hold 51 percent and 49 percent of the shares, respectively.
“Part of the proceeds of the said properties owned by the province of Bataan from rentals held in escrow by the court in the amount of not less than P60 million be transferred to Baseco and all succeeding rentals or fruits derived from the said properties be divided by the province of Bataan which shall receive 51 percent and the PCGG in trust for Baseco which shall receive 49 percent, to the prejudice of Bataan,” the Ombudsman’s resolution stated.
Though the Makati court approved the agreement, the Ombudsman said Garcia should have taken all the steps necessary to protect the interest of the province.
“Indeed, he gave up 49-percent ownership of the Baseco properties,” the Ombudsman’s resolution stated.