MANILA, Philippines — The Office of the Ombudsman has ordered the filing of charges against former Southern Leyte governor Rosette Lerias and five members of the provincial bids and awards committee (BAC) over the alleged anomalous procurement of fertilizer in 2006.
In a decision released yesterday, the ombudsman said Lerios as well as BAC members Virginia Cruz, Catalino Olayvar, Teopisto Rojas Jr., Fernando Moralde and Joseph Duarte should be indicted for violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
Charges for falsification of public documents were also ordered filed against Cruz, Olayvar, Rojas, Moralde and Duarte.
Graft probers said the BAC resorted to direct contracting with Philippine Phosphate Fertilizer Corp. (Philphos) in the purchase of the fertilizer as part of the provincial government’s rice program.
Investigation showed a check worth P2,313,545.00 was issued and received by Duarte as cash advance for 2,514 bags of fertilizer to be distributed in the towns of Libagon, St. Bernard, San Juan, Arahawan, Hinundayan, Hinunangan, San Francisco and Pintuyan.
While the former officials claimed the purchase was covered by a memorandum of agreement between the provincial government and Philphos, the provincial accountant said there was no record that a MOA was signed.
The ombudsman said the respondents failed to justify why they resorted to direct contracting instead of holding a public bidding in accordance with Government Procurement Reform Act.
It also junked Lerias’ motion to dismiss the case over the supposed inordinate delay in the investigation.
“The complaint was filed only on March 14, 2016…The office had since acted upon every incident promptly, negating inordinate delay,” the ombudsman said.