Pampanga mayor ordered dismissed

MANILA, Philippines — A municipal mayor in Pampanga has been ordered dismissed and charged with graft along with other former and incumbent local officials in connection with the allegedly anomalous procurement of construction materials.

In a 27-page consolidated resolution released to journalists yesterday, the Office of the Ombudsman said it found probable cause to charge Mayor Teddy Tumang of Mexico town with 64 counts of violation of Section 3(e) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act, and seven counts of malversation as provided under the Revised Penal Code.

Also ordered charged with the same counts of graft and malversation were former municipal bids and awards committee chairman Marlon Maniacup, municipal budget officer and BAC member Lucila Agento, BAC vice chairman and incumbent municipal engineer Jesus Punzalan, BAC member and incumbent administrative officer Luz Bondoc, BAC member and municipal agriculturist Romeo Razon, and private respondent William Colis, owner of Buyu Trading and Construction.

Municipal accountant Perlita Lagman was ordered charged with 23 counts of graft and seven counts of malversation.

The ombudsman said the charges would be filed before a regional trial court as the amount involved in each transaction did not exceed P1 million to warrant filing at the Sandiganbayan.

In a separate decision also released yesterday, the ombudsman ordered the dismissal of Tumang, Punzalan and Bondoc for grave misconduct.

The ombudsman said the dismissal carries the accessory penalties of cancellation of the respondents’ civil service eligibilities, forfeiture of their retirement benefits and disqualification from holding public office as well as from taking civil service examinations.

In case the respondents are no longer connected with the government, the penalty of dismissal is convertible to a fine equivalent to their salary for one year, which may be deducted from their retirement benefits, accrued leave credits, “or any other receivables from their office,” the ombudsman said.

The Department of the Interior and Local Government was directed to immediately implement  the dismissal of Tumang, Punzalan and Bondoc.

Both rulings were dated Nov. 21, 2022, but were approved by Special Prosecutor Edilberto Sandoval only on Aug. 23 this year, following recommendations for approval by Deputy Ombudsman for Luzon Cornelio Somido.

Both rulings were prepared by graft investigation and prosecution officer Carlo Evangelista and concurred in by Assistant Ombudsman Adoracion Agbada, acting director of the preliminary investigation, administrative adjudication and prosecution bureau.

The probe stemmed from the municipal government’s purchase of base coarse and other construction materials from Buyu Trading from 2009 to 2010.

The transactions were done through small-value procurement referred to as “shopping,” supposedly to circumvent the rules on public bidding.

The ombudsman said that Tumang and the respondents resorted to “shopping,” an alternative mode of procurement, without justification like unforeseen events.

Records showed that each transaction with the Buyu exceeded P50,000, the allowable maximum amount for “shopping” as provided under RA 9184 or the Government Procurement Reform Act.

Based on the ombudsman’s investigation, a total of P8.66 million in checks was released to Buyu from 2009 to 2010, covering 64 transactions for “base coarse and other materials.”

The ombudsman said Tumang approved and signed various disbursement vouchers, allowing the release of the payments to the supplier.

The vouchers reportedly lacked necessary certifications from the municipal accountant.

The ombudsman said that most of the checks were issued to the supplier even before the purchase requests and BAC resolutions to resort to “shopping”were issued.

Investigation showed the respondents continued transacting with Buyu even as the company’s capacity to supply was questionable.

The ombudsman cited a report from the Commission on Audit showing the registered business address of Buyu pertains to a residential property that does not engage in the sale of construction materials.

Tumang and the defendants caused undue injury to the government as some of the procured materials were not delivered to intended barangay beneficiaries including Cawayan, Eden, Sta. Cruz, Sta. Maria, San Patricio and Tangle, the ombudsman said.