Ex-AFP chief Santiago faces graft raps
April 28, 2005 | 12:00am
The military has recommended the filing of graft charges against former Armed Forces of the Philippines (AFP) chief general Dionisio Santiago.
AFP chief Gen. Efren Abu said the Office of Ethical Standards and Public Accountability (OESPA) has already forwarded the results of its investigation, which recommend the filing of graft charges against Santiago before the Office of the Ombudsman.
The OESPA said Santiago pocketed P8 million in funds intended for the repair and renovation of a swimming pool at Camp Aguinaldo in Quezon City during his term of office.
Abu said he had yet to act on the recommendation, which was submitted by OESPA deputy chief Col. Tertulian Duran last March 21.
OESPA said Santiago could face violations of Articles of War 95 (Fraud Against the Government) in relation to the provisions of the Anti-Graft and Corrupt Practices Act.
This stemmed from findings that Santiago deposited the allotted payment of P8 million for the repair work into his personal account after retiring from military service on June 2003, OESPA said.
Investigation revealed that on March 2003, the AFP - Commissioned Officers Club (AFPCOC) issued a check to finance the repair of the swimming pool, payable to the AFP chief.
But instead of cashing the check to finance the pool renovation, Santiago held on to and later deposited it in his personal account at Centennial Bank Central Office on June 2, 2003 or nearly two months after his retirement.
Santiago maintained there was nothing anomalous in the improvements made to the swimming pool, though he admitted "it was a mistake to hold on to the money."
In his letter to OEP chief Vice Admiral Ariston de los Reyes last Feb. 25, Santiago claimed in his defense during the investigation that he even personally paid the contractor to ensure completion of the project.
At the height of the investigation against him, Santiago, through his counsel, refunded the P8 million unliquidated amount to the AFPCOC on Feb. 21, 2005.
But even though Santiago returned the uncashed check, military investigators said the former AFP chief is still liable for graft since he consummated the offense by depositing the check in his personal account.
"Investigators concluded that subject officer (Santiago) has violated AW 95 in relation to Sec. 3 (e) and (g) of RA 3019 for allegedly defrauding the government when he kept the check and deposited the same to his account after his retirement," the OESPA report said.
"Although the contractor refunded the amount to AFPCOC, the offense was already consummated.
"Accordingly, they recommended that the case of subject officer be referred to the Office of the Ombudsman for preliminary investigation," it added.
The military investigators cited a Supreme Court ruling that "the return of the money was merely a mitigating circumstance. It cannot exempt (the offender) from criminal liability."
As former commanding general of the Philippine Army, Santiago also made headlines for allegedly purchasing dozens of luxury cars and assigning the vehicles to his staff.
Referred to as the "Chuck Norris of the Philippines," Santiago was also criticized for the lavish renovations of an Army gym at Fort Bonifacio that was converted into a posh recreation center.
Santiago joins former AFP chief Lisandro Abadia in the lineup of former ranking officials being investigated for graft by the Ombudsman.
One of Santiagos classmates at the PMA, former AFP Comptroller Jacinto Ligot is also facing graft charges before the Sandiganbayan, along with former general Carlos Garcia who is undergoing court martial proceedings for unexplained wealth.
A member of the Philippine Military Academy (PMA) Class 70, Santiago served as AFP chief of staff from Nov. 28, 2002 to April 8, 2003.
Shortly after retirement, Santiago was appointed chief of the Bureau of Correction and later became a director of the Dangerous Drugs Board.
AFP chief Gen. Efren Abu said the Office of Ethical Standards and Public Accountability (OESPA) has already forwarded the results of its investigation, which recommend the filing of graft charges against Santiago before the Office of the Ombudsman.
The OESPA said Santiago pocketed P8 million in funds intended for the repair and renovation of a swimming pool at Camp Aguinaldo in Quezon City during his term of office.
Abu said he had yet to act on the recommendation, which was submitted by OESPA deputy chief Col. Tertulian Duran last March 21.
OESPA said Santiago could face violations of Articles of War 95 (Fraud Against the Government) in relation to the provisions of the Anti-Graft and Corrupt Practices Act.
This stemmed from findings that Santiago deposited the allotted payment of P8 million for the repair work into his personal account after retiring from military service on June 2003, OESPA said.
Investigation revealed that on March 2003, the AFP - Commissioned Officers Club (AFPCOC) issued a check to finance the repair of the swimming pool, payable to the AFP chief.
But instead of cashing the check to finance the pool renovation, Santiago held on to and later deposited it in his personal account at Centennial Bank Central Office on June 2, 2003 or nearly two months after his retirement.
Santiago maintained there was nothing anomalous in the improvements made to the swimming pool, though he admitted "it was a mistake to hold on to the money."
In his letter to OEP chief Vice Admiral Ariston de los Reyes last Feb. 25, Santiago claimed in his defense during the investigation that he even personally paid the contractor to ensure completion of the project.
At the height of the investigation against him, Santiago, through his counsel, refunded the P8 million unliquidated amount to the AFPCOC on Feb. 21, 2005.
But even though Santiago returned the uncashed check, military investigators said the former AFP chief is still liable for graft since he consummated the offense by depositing the check in his personal account.
"Investigators concluded that subject officer (Santiago) has violated AW 95 in relation to Sec. 3 (e) and (g) of RA 3019 for allegedly defrauding the government when he kept the check and deposited the same to his account after his retirement," the OESPA report said.
"Although the contractor refunded the amount to AFPCOC, the offense was already consummated.
"Accordingly, they recommended that the case of subject officer be referred to the Office of the Ombudsman for preliminary investigation," it added.
The military investigators cited a Supreme Court ruling that "the return of the money was merely a mitigating circumstance. It cannot exempt (the offender) from criminal liability."
As former commanding general of the Philippine Army, Santiago also made headlines for allegedly purchasing dozens of luxury cars and assigning the vehicles to his staff.
Referred to as the "Chuck Norris of the Philippines," Santiago was also criticized for the lavish renovations of an Army gym at Fort Bonifacio that was converted into a posh recreation center.
Santiago joins former AFP chief Lisandro Abadia in the lineup of former ranking officials being investigated for graft by the Ombudsman.
One of Santiagos classmates at the PMA, former AFP Comptroller Jacinto Ligot is also facing graft charges before the Sandiganbayan, along with former general Carlos Garcia who is undergoing court martial proceedings for unexplained wealth.
A member of the Philippine Military Academy (PMA) Class 70, Santiago served as AFP chief of staff from Nov. 28, 2002 to April 8, 2003.
Shortly after retirement, Santiago was appointed chief of the Bureau of Correction and later became a director of the Dangerous Drugs Board.
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