It's your weekly compendium of foolishness and corruption in the Philippine government.
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| https://news.abs-cbn.com/news/07/28/23/ex-arta-chief-found-guilty-of-grave-misconduct-over-dito-complaint |
Former Anti-Red Tape Authority Director General Jeremiah Belgica was found guilty of grave misconduct by the Office of the Ombudsman over a complaint filed by DITO Telecommunity Inc.
The ruling recently released to the public but signed by Ombudsman Samuel Martires on March 3, 2023, also found former Deputy Director General Eduardo Bringas, Division Chief Sheryl Pura-Sumagui, Director Jedrek Ng and Director Melamy Salvadora-Asperin guilty of grave misconduct.
The order, dated October 25, 2022, stemmed from DITO Chief Administrative Officer Adel Tamano's complaint accusing the former ARTA officials of violating Republic Act No. 3018 or the Anti-Graft and Corrupt Practices Act.
In 2021, the ex-officials reportedly issued a resolution and an order of automatic approval ordering the assignment of frequencies by the National Telecommunications Commission to NOW Telecom Company, Inc. as the third major player in the telecommunications industry.
But on September 20, 2018, the NTC issued a memorandum circular for the selection process for the new major player and DITO was apparently the only company that participated and was eventually selected.
NOW filed on May 18, 2020 a complaint against then NTC Commissioner Gamaliel Cordoba before the ARTA for the automatic approval of its requests for frequency assignment already assigned to DITO.
"The clear intent to violate the law by respondents was evident when they issued the assailed 01 March 2021 ARTA Resolution and OAA assigning frequencies to NOW Tel despite being aware beforehand of the following information gathered through the pleadings filed by the NTC, Comm. Cordoba, and DITO," the decision read.
The Ombudsman noted that then Justice Secretary Menardo Guevarra also set aside the order of automatic approval that ARTA had issued.
The Ombudsman said the former officials should pay a fine equal to their salary for one year if the dismissal can no longer be enforced due to separation from service.
The office also ruled that they will be given "accessory penalties of cancellation of civil service eligibility, forfeiture of retirement benefits and perpetual disqualification to hold public office."
The former ARTA Chief and several other officials have been found guilty of grave misconduct.
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| https://mb.com.ph/2023/7/28/cebu-s-unregistered-chain-saws-violate-law-coa |
Cebu province purchased 34 sets of chain saw worth P681,780 in 2021 for clearing operations in the aftermath of Typhoon Odette but they have not been registered with the Department of Environment and Natural Resources in violation of the law, the Commission on Audit (COA) said.
In its 2022 Annual Audit Report (AAR), COA said the failure of the Cebu provincial government to register and to secure the needed permit violates Section 5 of Republic Act No. 9175, the Chain Saw Act of 2002.
It said that RA 9175 provides that government agencies that use chain saws must secure the necessary permit from the DENR before operating the equipment. It also said the permits are needed to ensure that the chain saws will not be used in illegal logging or unauthorized clearing of forests.
State auditors said that the chain saws were paid for in cash and were later reimbursed out of the government's General Fund.
When asked for explanation, COA said that the Cebu Provincial Disaster Risk Reduction Management (PDRRM) Office reasoned that they did not apply for registration because the purpose of the chain saws was for clearing operations due to Typhoon Odette.
Cebu’s PDRRM cited RA 10121, the Philippine Disaster and Management Act, which reportedly provided an exemption for chain saws bought for disaster operations.
But COA said: "While the purpose of the purchase of these 34 units of chain saw is for disaster response, neither RA 9175 nor RA 10121 provides for the exception for registration.”
"The Audit Team understands the urgency of the clearing operations after the onslaught of Typhoon Odette which struck the Region in December 2021 but now that the situation has already settled, there are no more impediments to have the 34 units of chain saw registered with DENR so as to comply with the requirement of RA 9175 and contribute to the attainment of the objective of the State to regulate the ownership, possession, sale, importation and use of chain saws to prevent the same from being used in illegal logging and unauthorized clearing of forests," it said.
It reminded Cebu province to register and secure the permits for the chain saws from the DENR; otherwise, the responsible public officer might have to face penalties under Section 7 of R.A. No. 9175, which include removal from office and perpetual disqualification from holding public office.
The COA has called out Cebu City over its unregistered chain saws.
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| https://mb.com.ph/2023/7/30/village-chair-fatally-shoots-farmer-during-drinking-session |
A barangay chairman gunned down a drinking buddy in Barangay Talahiban, Oquendo District, Calbayog City, Samar on July 27.
Police identified the victim as Jason Laoyon Parilla, 41, farmer, from Purok 2, Barangay Tigbe, Calbayog.
Initial investigation disclosed that the victim and suspect, Joseph Bello, 43, chairman of Barangay Talahiban, and four companions, Tiburcio Palioc, Ramil Panzuelo, Micheal Anday, and alias “Joey,” were having a drinking session in Bello’s house.
The victim and suspect engaged in a heated argument and Bello went into the kitchen.
Bello appeared with a gun and shot Parilla in the back, killing him on the spot.
Their companions scampered to directions and Bello fled to an unknown direction.
The Calbayog police forensics unit recovered three fired cartridge cases for a .45 caliber pistol in the crime scene.
A barangay chairman killed his buddy during a drinking session.
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| https://newsinfo.inquirer.net/1810018/ex-village-chair-son-slain-in-cotabato-town-ambush |
A former village chair active in the Bangsamoro peace building and his son were killed in an ambush on Sunday evening in a remote village here, police said.
Lieutenant Col. Arniel Melocotones, Matalam town police chief, said Anwar Ebrahim Salem, 52, and his son, Anwar Salem Jr, 21, both residents of Barangay Arakan here, were heading home when they were ambushed in Sitio Lambayao, Barangay Kibia at 6 p.m. on Sunday, July 30.
The father, a member of the Bangsamoro Council of Elders who helped settle local disputes and “rido” (family feud) involving Moro families here, was killed on the spot while his son died while being treated in the hospital.Salem Sr., a former village chair of Barangay Arakan, used to serve as president of the Association of Barangay Chairperson (ABC) and sat as an ex-officio member of the municipal council.
A former barangay chairman and his son have been assassinated.
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| https://cebudailynews.inquirer.net/519526/coa-flags-mcwd-for-unfinished-overdue-projects |
The Commission on Audit (COA) has flagged the Metropolitan Cebu Water District (MCWD) for seven unfinished and overdue infrastructure projects with a total contract cost of P235.880 million.
In its December 2022 annual audit report published on its official website, COA said these projects are either due for termination, not yet started, suspended, ongoing, or completed but incurring significant delays ranging from 45 days to eight years.
“Thus, government funds were either tied up on the unimplemented, uncompleted, and delayed projects and deprived the concessionaires of the benefits that could have been derived from the immediate use therefrom,” the state auditor said.
These projects, COA, stated were started as early as 2013 and awarded to different contractors.
Three projects with a total contract cost of P63,012,002.03 were for termination due to various issues. Some of these projects are also still in the planning stages, with delays of three to eight years.
The state auditor said these projects include the Mactan Water System Improvement Program Package 3 with a project cost of P52.6 million. Aside from lacking required permits from the Department of Public Works and Highways (DPWH), this project was stopped due to various modifications which, COA said, resulted in significant variation orders that may go beyond the limit set by the law on procurement.
COA said the water district already made payments amounting to P18,957,680.20 on the advance payment or mobilization fee and progress billing of these projects, P8,571,814.65 of which covers the mobilization fee.
“The advance payments/mobilization fee totaling P8,571,814.65 were not recovered by MCWD…The failure to recover the mobilization fee granted for the above-mentioned cancelled/terminated projects deprived the agency of the use of the said funds,” COA report reads.
Moreover, COA noted four other projects that were not completed within their contract period. These projects have a total contract cost of P172.868 million.
Of the four infrastructure projects, two were completed but with delays ranging from 45 to 964 calendar days.
The state auditor said contractors of these projects have been subjected to liquidated damages, except for projects contracted by JFAP Construction/Optimus Engineering and Construction Joint Venture and Petrina Construction and General Merchandising, which incurred delays of 48 days and 444 days, respectively.
COA recommended that MCWD intensify its regular monitoring and supervision to ensure its timely completion and to demand immediate refund of mobilization fees released to contractors.
The state auditor also urged the water district to ensure collection of the liquidated damages for delayed projects.
The Commission on Audit (COA) has flagged the Metropolitan Cebu Water District (MCWD) for seven unfinished and overdue infrastructure projects with a total contract cost of P235.880 million.
Mayor Alfredo Abelardo “Albee” Benitez revealed on Tuesday, August 1, that 46 city government personnel tested positive for illegal drug use.Benitez said they comprise eight to 10 percent of job order city government employees.
Twenty-nine were from the Bacolod Traffic Authority Office (BTAO) and 17 from the Public Order and Safety Office (POSO).
A total of 370 POSO personnel and 270 BTAO personnel underwent drug testing from July 28 to August 1.
In a press conference, Benitez said that those who tested positive for illegal substance will be terminated and undergo rehabilitation.
“If they turned out to be better and can recover, then they may be reconsidered,” he added.
Benitez said they will check what kind of assistance the city can extend to them.
He said all city government employees will undergo public testing. “Maybe this will be a call for all public officials to do the same,” he added.
Benitez said they will come up with a system to identify employees using or engaging in illegal substance.
He, however, is unsure if it is allowed or illegal to make this mandatory. “But, ideally, everybody should undergo that cause,” he said.
Benitez noted that the drug testing is proper to enable the public to have confidence that government servants are not involved in illegal substance.
46 Bacolod City government employees have tested positive for drugs.
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| https://newsinfo.inquirer.net/1810739/coa-flags-youth-body-for-excessive-expenses |
Excessive expenses on training summits and domestic travel by the National Youth Commission (NYC) have been questioned by state auditors, which noted a massive jump in these expenditures from 2021 to 2022.
In its annual audit report on the NYC for 2022, the Commission on Audit (COA) flagged the agency’s “excessive payment of hotel room reservations,” as well as the incomplete documents of disbursements.
According to the COA, the local accounts of NYC showed that its training expenses amounted to P31.4 million, while travel expenses reached P5.43 million. These “could not be ascertained,” the COA said.The COA said that NYC’s local travel expenses jumped by 321 percent from P1.29 million in 2021 to P5.43 million in 2022. Training expenses, on the other hand, surged by 575 percent from P4.65 million to P31.4 million during the same period.
Auditors also said there was a “lack of proper planning” in NYC’s various activities resulting in the “excessive payments” for hotel reservations amounting to P1.28 million. There were also disbursements worth P675,842.20, which were processed and paid without complete documentation.
From the COA’s observations, the activities had meals, room and venue reservations more than the actual participants, hence the excess of “reasonable limits.”
But the NYC justified the hotel room reservations, saying, among others, that some summit participants were assigned rooms but did not show up; some confirmed their attendance but did not push through for personal reasons; some tested positive for COVID-19; and some booked other hotel accommodations because they had companions.
“Although plausible, the above-mentioned justifications could not be validated and accounted for since these were unsubstantiated for lack of proof such as medical records and letters from the participants,” the COA said.
It also pointed out that the NYC could have avoided these “excessive and unnecessary costs” of unutilized accommodations had they “adequately planned its activities” and required the participants to pay for the unutilized reserved rooms.
COA also observed the “improper processing” of travel expenses amounting to P72,272 as the disbursement vouchers did not bear the approval of the proper officials.Audit of these vouchers also showed that the payee was also the person who certified the disbursement.
The COA said these transactions bypassed the appropriate disbursement controls, “which may result in abuse of power and pecuniary loss for the government.”
The National Youth Commission has been flagged by the COA for excessive expenses.
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| https://www.philstar.com/headlines/2023/08/02/2285573/da-asec-4-others-suspended-amid-onion-probe |
Ombudsman Samuel Martires has ordered the preventive suspension pending investigation of five officials of the Department of Agriculture (DA) and the Food Terminal Inc. (FTI) over alleged irregularities in the procurement of onions later sold at Kadiwa stores.
Suspended pending the results of the investigation are DA Assistant Secretary Kristine Evangelista, DA administrative officer Eunice Biblanias, DA officer-in-charge chief accountant Lolita Jamela, FTI vice president for operations John Gabriel Benedict Trinidad III and FTI budget division head Juanita Lualhati.
In a four-page order dated Aug. 1, Martires said the respondents are being charged with grave misconduct, gross neglect of duty and conduct prejudicial to the best interest of service “in connection with the shortage of supply of onions in the Philippine markets, its price manipulation and the questionable procurement of onions by FTI from Bonena Multi-Purpose Cooperative.”
Specifically, he noted that violations of the Anti-Graft and Corrupt Practices Act in relation to the Procurement Act were allegedly committed when the DA entered into a memorandum of agreement with the FTI for the procurement of onions for the Kadiwa Food Hub project.
FTI, in turn, entered into a letter of agreement with Bonena Multi-Purpose Cooperative for the delivery of 8,845 bags (about 247 metric tons) of onions.
Among alleged violations were the lack of parameters in the selection of cooperative that will supply and deliver the onions, questionable advance payment of 50 percent of the contract price, non-compliance of the memorandum of agreement, partial implementation of the contract and doubtful deliveries by the cooperative, according to Martires.
“It appears that the evidence of guilt of respondents Evangelista, Biblanias, Jamela, Trinidad III and Lualhati is strong and the charges against them involve grave misconduct and gross neglect of duty which may warrant their removal from the service,” the ombudsman’s order stated.
“Considering further that respondents’ continued stay in the office may influence potential witnesses and may prejudice the case filed against them due to their continued access to documentary evidence relative thereto, this office exercises its power to place respondents under preventive suspension,” it added.
The five officials have been placed under preventive suspension without pay for the duration of the proceedings, but not exceeding six months.
Five DA officials have been suspended over irregularities in procuring onions.
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| https://mb.com.ph/2023/8/3/coa-flags-bu-cor-over-p36-8-m-irregular-extended-contract-for-food-subsistence-of-pd-ls-in-davao-prison |
The Commission on Audit (COA) has flagged the Bureau of Corrections (BuCor) over its "irregular" P36.869 million food subsistence for persons deprived of liberty (PDLs) in its Davao Prison and Penal Farm (DPPF) in 2022.
In its Annual Audit Report (AAR), the COA cited its Circular No. 2012-003, which defined what irregular, unnecessary, excessive, extravagant, and unconscionable (IUEEU) expenditures are.
COA pointed out that irregular expenditures are made when "there is no observance of an established pattern, course, and mode of action, behavior, or conduct in the incurrence of an irregular expenditure."
It said that when its audit team reviewed the January to March 2022 food subsistence transactions, it discovered that BuCor paid Aurora F. Sumulong (AFS) Eatery the amounts of P12,716,756.72, P11,618,626.28, and P12,533,391.78.
"The disbursements were made in the absence of any bidding process or through alternative methods of procurement," COA said.
"The only basis was the Notice of Extension of Contract dated Dec. 20, 2021 addressed to AFS Eatery notifying them that the 2021 FSA is extended for the period of Jan. 1 to March 31, 2022. It was signed by Undersecretary Gerald Q. Bantag, Director General of the BuCor being then the head of procuring entity (HOPE) of the agency since procurement is centralized."
But COA said the extension of contract indicates irregularity since it did not adhere to established rules, regulations, and practices on public bidding or alternative methods of procurement.
It said: "Therefore, it is clear that the extension of contract is irregular because it is without legal basis due to absence of any authority to do so. The apparent disregard of the provisions of COA Circular No. 2012-003, particularly in the payment of expenses in the absence of legal basis or authority, casts doubt as to the validity and propriety of expenditures which can be subject to audit disallowances."
COA then advised BuCor management to stop extending contracts in the future, especially when done without legal basis.
The COA has flagged the BuCor for illegally extending its contract with a food caterer.
