Ex-Bukidnon congressman, kin face graft charges

MANILA, Philippines - The Office of the Ombudsman yesterday ordered the filing of graft charges against former congressman Nereus Acosta and his mother Socorro, a former mayor of Manolo Fortich, Bukidnon, before the Sandiganbayan for allegedly defrauding the government of P10.5 million in public funds.

Ombudsman Ma. Merceditas Gutierrez also ordered the filing of a graft case against the former lawmaker’s aunt, Ma. Nemia Bornidor, a member of the board of trustees of the Bukidnon Integrated Network of Home Industries Inc. (BINHI).

The former congressman will be charged with three counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act for the alleged illegal transfer of a solar tunnel dryer worth P2.5 million from the town of Talakag to Manolo Fortich and its subsequent use and management by BINHI, a private entity.

He is also being charged for the alleged release of P2.5 million in public funds to BINHI and another P5.5 million to the Bukidnon Vegetables Producers Cooperative (BVPC), another private entity.

Acosta’s mother is being charged with the same offense for allegedly approving the release of public funds to a cooperative, of which she is also a cooperator and director.

Bornidor, on the other hand, is being charged for allegedly conspiring with Acosta in the release of private funds to BINHI, of which she is a trustee.

The case stemmed from a complaint filed by the Bukidnon Crusade Against Graft and Corruption, alleging that on Jan. 9, 2001, Acosta and then Takalag mayor Amado Noble executed a memorandum of agreement providing for the appropriation of P2.5 million for the acquisition and installation of a solar tunnel dryer for BINHI.

The purchase request declared that the solar dryer was to be used for agricultural services within the town of Talakag. 

However, Acosta allegedly took possession of the dryer and transferred it to Manolo Fortich to be utilized by BINHI, of which his father Juan and maternal aunt Bornidor were the incorporators.

It was further alleged that on Aug. 2, 2001, P2.5 million from Acosta’s Priority Development Assistance Fund (PDAF) was released to the municipality of Talakag in favor of BINHI.

Prior to the release of the amount, Acosta allegedly instructed Noble that Talakag should only serve as a conduit for the release of the amount and even gave explicit orders that it should serve as loan assistance with zero interest.

Records of the case further show that on July 2, 2002, P5.5 million from Acosta’s pork barrel was released by the town of Manolo Fortich allegedly in favor of BVPC.

“Evident bad faith on the part of respondent Congressman Acosta is shown by his active participation in bringing the dryer to Manolo Fortich for the benefit of family-founded BINHI Inc.,” stated the resolution of the Office of the Ombudsman.

This transfer, according to the Ombudsman, is “likewise irregular because its intended recipient is the municipality of Talakag.” 

Further, considering the immediate transfer of the dryer to Manolo Fortich in less than a month after it was bought, “it would appear that the dryer was purchased solely for the purpose of giving advantage and benefit to private entity BINHI Inc. and the municipality of Talakag was merely used to make it appear the transaction was legitimate,” it added.

As to the PDAF fund worth P2.5 million given to BINHI Inc., the Ombudsman said the alleged conspiracy between Acosta and Bornidor is shown by the fact that the fund ended up in the hands of Bornidor, coupled with Noble’s declaration that “there was already a prior arrangement for such release between Congressman Acosta and BINHI.”

With regards to the P5.5-million PDAF fund released to Acosta’s mother for the BVPC, the Ombudsman said it was “inconceivable that the fund released specifically for the private entity BVPC could be equated to be for public purpose.” 

Aside from the filing of charges, Gutierrez also ordered the dismissal of Acosta’s mother from the service with all accessory penalties. 

In view, however, of the expiration of her term as mayor, Gutierrez ordered that the findings be reflected in the former’s 201 File and that a copy be sent to the Commission on Elections.