Maguindanao mayor convicted of graft

MANILA, Philippines — The mayor of Northern Kabuntalan, Maguindanao may lose his seat and spend up to seven years in prison after he was found guilty of graft over irregularities in the construction of a P5-million water project in 2011.

Mayor Datu Umbra Bayam Dilangalen and his co-accused, former municipal accountant Rahima Ali and former municipal treasurer Kabiba Mael, were convicted for violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, the Sandiganbayan’s Fifth Division said in a 24-page decision promulgated on Sept. 9 but released only yesterday.

Dilangalen was also the town mayor when the crime was committed.

The three were also perpetually disqualified from holding public office.

They were accused of conspiring to give “unwarranted benefit, advantage or preference” to FFJJ Construction with the release of the full payment for the project even though it was not yet completed at the time.

The owner of FFJJ Construction confirmed during trial that he received P5 million for the project in December 2011 even though it was completed only in March 2012.

Dilangalen admitted that the payment was made before the construction started, but said he did not intend to violate any rule when he made the full payment.

He said he was also confident that the contractor would fulfill its obligation to the municipal government.

However, the court said there was a clear violation of the Government Procurement Reform Act, which governs advance payments involving infrastructure projects.

“The advance payment of the full contract price was unwarranted because the rules allow for an initial payment of only up to 15 percent... which is given as the contractor’s mobilization fee,” the ruling penned by Associate Justice Maryann Corpus-Mañalac read.

“Payment of the full contract price prior to the completion of the project deviated from the rule that advance payment shall be made based on percentage of work completed,” the court ruling stated. ”It does not appear from the records that FFJJ Construction made a request for advance payment, which is required in making the initial payment.”