Graft raps filed vs S. Leyte town mayor, 3 other execs

CEBU, Philippines -  The mayor of Anahawan town in Southern Leyte and three other local government officials are now facing charges before the Office of the Ombudsman-Visayas for allegedly using the property of Vestal’s family without the latter’s consent.

Gersyval Vestal, a resident of Bulacao in Talisay City of Cebu, accused Mayor Roberto Loquinte, Municipal Engineer Zandra Pia, Municipal Accountant Myrasol Garces and Municipal Treasurer Angelita Cabalhin for violating the Anti-graft and Corrupt Practices Act and the Code of Ethical Standards for Public Officials and Employees in allegedly committing grave misconduct, gross dishonesty and technical malversation.

The Vestal complaint, docketed as OMB-V-C-13-0362 and OMB-V-A-13-0342, alleged that his family’s property “was taken without due process, absence of notice, knowledge, consent and information,” in claiming it as a municipal road, and that “public funds have been utilized for private property,” in concreting the road in the area.

Vestal stated in his complaint: “On May 23, 2013, while on vacation at my hometown in Anahawan, Southern Leyte, I was surprised as I discovered that our landholding covered by Lot No. 248, Tax Declaration No. 06-01012 declared in the name of our farther Gerardo Vestal with an area of 475 square meters, more or less, located at Poblacion was illegally claimed as municipal road and concreted by Loquinte without our knowledge, consent, permission or approval.”

Vestal said that, while it was true that there was an existing temporary private road and his family “merely tolerated” the contractor to utilize it as an entry point to the adjacent landholding during the construction of the diversion road, the lot of his family “is not and has not been part of the project.”

The complaint further reads: “That the diversion road, therefore, started from the boundary line of our landholding situated in the creek but Loquinte is so presuming that our landholding was part and parcel of the diversion road project. Hence, he deliberately masterminded the concreting thereof without asking our permission,” the complaint further reads.

Loquinte, in his reply affidavit, said the opening of the municipal road and subsequent improvements were done by the previous administration and that his act of concreting it “was merely a continuation for the previous actions undertaken by the Department of Public Works and Highways.”

Vestal further accused Loquinte of technical malversation for using funds for the project allegedly from the calamity fund of the LGU, which he contended was illegal because concreting a road could not be considered as a response for a calamity.

The mayor however denied that the fund for the concreting of the road from Barangay Poblacion to Tagup-on was taken from the LGU’s calamity fund, even if Municipal Budget Officer Helen Virtudez “categorically declared the fund was taken from the calamity fund, based on a Municipal Council resolution and the obligation request.”

Vestal also accused Municipal Engineer Pia for allegedly failing to determine the status of the property before the implementation of the project. Garces and Cabalhin were also included in the complaint for allegedly conspiring with the other accused in the “depletion of government coffers through the illegal and whimsical use of the calamity fund.”

The respondents have already submitted their counteraffidavits, denying the allegations of Vestal as having no bases. Vestal however asked the Ombudsman to impose preventive suspension to the respondents while the investigation is still going on “in order to prevent undue influence and preservation of relevant records/documents thereof” and to direct them to pay damages for an alleged illegal taking of their property without due process. (FREEMAN)