On SUV purchase Town Mayor faces crime, admin raps

CEBU, Philippines — The Field Investigation Bureau (FIB) of the Office of the Ombudsman-Visayas has filed criminal and administrative complaints against the mayor of Ayungon, Negros Oriental over the purchase of a sports utility vehicle.

A Cebu-based businessman, Mark Yu, filed last year a letter-complaint before the Office of the President for the administrative aspect and, for the criminal aspect, before the Office of the Ombudsman for technical malversation against Mayor Edsel Enardecido and other town officials.

Lawyer Ryan Alvin Acosta, acting Deputy Executive Secretary for Legal Affairs of the Office of the President, endorsed this complaint on November 29, last year to former Ombudsman Conchita Carpio Morales.

Then, the chief of the Central Records Division of the Office of the Ombudsman forwarded Acosta’s endorsement to Deputy Ombudsman Paul Elmer Clemente on December 7, last year.

Clemente, through FIB acting chief Alfred Yann Oguis, last June 29 informed Yu that the fact-finding investigation of the matter was already completed and subsequently, as nominal complainant, filed a case against Enardecido and Albert Enardecido, the officer-designate of the Local Disaster Risk Reduction and Management Office, for technical malversation.

Oguis said the case will undergo preliminary investigation and administrative adjudication where Mayor Enardecido and others will be given the opportunity to be heard and present countervailing evidence.

“The investigator, as nominal complainant, shall actively participate in the proceedings. You can be apprised of the development and help in the prosecution of the case by coordinating with the FIB of the Ombudsman-Visayas,” read Oguis’ letter to Yu.

On April 16, 2012, Mayor Enardecido asked the Municipal Council for a resolution approving the procurement of a 4x4 pick up type double cab, allegedly for the purpose of responding to emergencies during calamities and disasters. This was approved by the Council via Resolution No. 66 on the same date.

“However, what was eventually purchased was a Montero (GTV) 4x4 with Plate No. SKY 367, which was being utilized as a service vehicle of the General Services Office on its day-to-day trip to Dumaguete City, as well as in transporting visitors to the different barangays of the municipality, instead of being an emergency rescue unit of Ayungon MDRRMO,” read Yu’s letter-complaint.

The Commission on Audit in its 2016 report said the necessity of the trips is not being questioned as it is apparent that these are necessary in the operations of the municipal government, but what was considered inappropriate was the charging of the cost of the vehicle to the Local Disaster Risk Reduction and Management Fund (LDRRMF).

“If the municipal government intended to fill these needs, it should have charged the cost thereof to the General Fund and not to the LDRRMF where the use of the vehicles is limited to times of actual calamity,” COA said.

Mayor Enardecido, for his part, already instructed the municipal accountant to request for General Fund appropriations and to reimburse the LDRRMF for the cost of the vehicle used in its day-to-day operations.

The LDRRM officer further said they will stop using the vehicles intended for disaster preparedness and from purchasing vehicles using the LDRRMF, as recommended by COA.