Ombud Files Graft Charge Vs Former Cebu Lawmaker

●Ombudsman has affirmed the findings that respondents had connived with each other in misusing P15 million of Clavel Asas-Martinez’ PDAF in 2002.

The Office of the Ombudsman has filed before the Sandiganbayan four counts of criminal charges – two for malversation of public funds and two for violation of the anti-graft and corrupt practices act — against former Cebu 4th district congresswoman Clavel Asas-Martinez and seven others for allegedly misusing P15 million of pork barrel funds in 2002.

Among the respondents facing charges before the anti-graft court includes Lapu-Lapu City Mayor Paz Radaza, for being the former treasurer of the Girl Scout of the Philippines (GSP)-Cebu City and Cebu Provincial Board Member Celestino “Tining” Martinez, who used to be mayor of then Municipality of Bogo, now Bogo City.

Aside from the three respondents, Ombudsman Conchita Carpio Morales also indicted former Bogo Municipal Treasurer Rhett Minguez, and Municipal Accountant Cresencio Verdida, GSP-Cebu executive director Alejandrita Meca, GSP cashier-designate Julieta Quiño, and bookkeeper Rhodariza Kilantang.

Morales has affirmed the findings that the respondents had connived with each other in misusing P15 million of public funds from Clavel Martinez’ Priority Development Assistance Fund (PDAF) in 2002, which was originally intended for anti-drugs campaign of the Girl Scout of the Philippines.

The Ombudsman filed two counts of malversation under Article 217 of the Revised Penal Code and another two counts of violations of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

After evaluating the documents at hand, the Ombudsman had found out that only P600,000 of the P15 million of Martinez’ PDAF had been spent for the anti-drugs campaign, while the rest went to her.

“All the elements required in both charges are present and there is no denying that respondents conspired with each other through evident bad faith and gross inexcusable negligence to defraud public funds,” said the Ombudsman.

The press statement of the Ombudsman published in its official website on Tuesday said “The release of funds to GSP-Cebu City gave Martinez unwarranted benefits, consenting and allowing her to take full control of the funds thereafter misappropriating it.”

The former fourth district congresswoman used to be the president of the Girl Scout of the Philippines (GSP)-Cebu from 2000 to 2003.

Radaza refused to make comment until after she receives the copy of the case.

The records of the case show that the Cebu Provincial Board on November 19, 2001 had passed a resolution requesting the Boy and Girl Scouts of the Philippines in Cebu City to include in their program an anti-drugs campaign to be funded by the 2002 pork barrel allocation of Martinez.

The P15 million of Martinez’ PDAF was released by the Department of Budget and Management (DBM) to the then Municipality of Bogo under Special Release Allotment Order No. ROCS-02-01767 on May 13, 2002.

The Ombudsman said that while there was no Memorandum of Agreement (MOA) between the local government of Bogo and the GSP-Cebu City, the PDAF was released in two tranches of P7.5 million each upon the written request of GSP executive director Meca to Mayor Martinez, son of the former lawmaker.

The GSP deposited the amounts immediately upon receipt and thereafter also prepared the general voucher for withdrawal of the same amount, payable to cash, which was allegedly received by congressman Martinez, the Ombudsman claimed.

It added that in both transactions neither appeared in the Monthly Financial Report of the GSP in Cebu City nor were they pre-audited by the Internal Auditor.

Also, the Ombudsman said that the allotment and obligation slips of Bogo were not supported by programs of work and or documents showing the related activities of GSP.

The Ombudsman also found that “all the elements required in both charges are present and there is no denying that respondents conspired with each other through evident bad faith and gross inexcusable negligence to defraud public funds.”

The Anti-Graft investigators claimed that former mayor Martinez III, Minguez and Verdida had utterly disregarded the proper procedure in disbursing the PDAF because it cannot be overlooked that by reason of their office and duties, they have control over and are accountable for the funds.

“They should have demanded for the program of works and/or memorandum of agreement (MOA) showing the activities by the GSP for its anti-drug campaign program, to ensure the legitimacy of all the disbursements,” the Ombudsman said.

In filing the case before the government’s anti-graft court, the Ombudsman added that the release of funds to GSP in Cebu City “had gave respondent Martinez unwarranted benefits, consenting and allowing her to take full control of the funds thereafter misappropriating it.”

Reacting to the filing of the case before the Sandiganbayan, Celestino “Tining” Martinez III, now a member of the Cebu Provincial Board, questioned why he is included in the case.

Tining, the provincial federation president of the Association of Barangay Councils (ABC), said the GSP is not a bogus organization and has an in-house auditor.

The young Martinez said that as far as he is concerned, they already had submitted receipts and there was already a liquidation report.