Graft, criminal charges poised vs ex-Tarlac mayor, 5 others

Ombudsman Merceditas Gutierrez has ordered the filing of graft and other criminal charges against a former municipal mayor in Tarlac and five others for the alleged misuse of the municipal development fund and countrywide development fund (CDF) of the then lawmaker.

Gutierrez ordered the filing before the Sandiganbayan of 14 counts of violation of the Anti-Graft and Corrupt Practices Act (RA 3019), one count of malversation of public funds, and one count of falsification of public documents against former Capas Mayor Hermes Frias. 

Also ordered charged were municipal bookkeeper Marissa Vidal with one count of malversation of public funds and two counts of estafa; administrative officer Gener Taruc and municipal accountant Rolando Domingo with 13 counts of violation of RA 3019; municipal budget officer Nick Ayuyao with two counts of violation of RA 3019; and confidential assistant Ricardo Yamson with estafa under Article 315 of the RPC.

In a 46-page resolution, the Office of the Ombudsman said Frias, Taruc, Domingo and Ayuyao were all members of the bids and awards committee.

The Office of the Ombudsman based its resolution on a special report done by the Commission on Audit on selected transactions of the municipality of Capas from January 1996 to June 1997 concerning the use of the 20 percent MDF and CDF of then Rep. Herminio Aquino.

State auditors found out about irregularities like Frias’ purported approval of the voucher for his liquidation of cash advance amounting to P711,320.40 to buy 42 pails of chlorbocide that was allegedly “supported by falsified receipts.” 

The COA also discovered that the alleged supplier of the product denied its delivery.

State auditors also stated that 11 projects amounting to P150,037.37 were found non-existent during the ocular inspection. 

According to the Ombudsman, Domingo certified that the expenditures were duly supported by documents although some documents were lacking while Taruc certified that such projects had already been completed even if they do not exist.

The Ombudsman cited the investigation showed that the Capas municipal government transacted with suppliers who were not registered with the Department of Trade and Industry nor licensed with the municipality.

The municipal government allegedly awarded purchases to companies owned by some of its employees.

It also found out that at least three checks amounting to P263,961.25 issued by the municipal government to Gloria’s Rice Mill for the purchase of fertilizer, seedlings and insecticides were confirmed not to have been received by the said supplier but were endorsed and encashed by Vidal without authority.

The COA stated that Vidal allegedly received and retained payment for one unit of vehicle amounting to P116,400 that still remained undelivered.

Vidal also allegedly received medicines amounting to P499,899.94 delivered by Vitalink Health Products, Inc. even if only four beneficiaries received the medicines.

The Municipality of La Paz, Tarlac, reportedly did not receive the medicines worth P100,868.16.

As for Yamson, the Ombudsman said the official allegedly endorsed and encashed a check in favor of a supplier amounting to P38,578.70 and the amount was not remitted to the said company.