CEBU, Philippines - These were the words of ex-officio Board Member Celestino "Tining" Martinez III at the Provincial Board after the Office of the Ombudsman dismissed the administrative case filed against him in line with the controversial P6 million Farm Inputs and Farm Implements Program scam in 2004.
“…this administrative case against respondent Celestino A. Martinez is dismissed for lack of admin jurisdiction since he was no longer a public official at the time the complaint was filed,” reads the August 10 order penned by Graft Investigation and Prosecution Officer III Julius Matibag.
Ombudsman Conchita Carpio Morales approved the order on August 13.
The order essentially reversed the Ombudsman’s earlier ruling - as far as Martinez is concerned - because the earlier ruling dismissed him from service. Martinez then filed a motion for reconsideration, which resulted to the latest findings.
The Ombudsman explained that when the complaint was filed against Martinez on June 27, 2011 by the Task Force Abono of the Field Investigation Office, Martinez was no longer a public official because he lost to Benhur Salimbangon for Fourth District Representative in the May 2010 elections.
“Since he was no longer a public official at the time the complaint was filed, this office divested of administrative jurisdiction over him,” the order reads.
Martinez received the August 10 decision on November 29.
In May 2004, Bogo City received six checks amounting to P6 million from the Department of Agriculture for the procurement of fertilizer intended for rice and corn.
In the course of the implementation of the program, the city government and Sikap Yaman entered into an undated Memorandum of Agreement with no alleged "stipulations as to project cost and time schedules," the Ombudsman found.
The anti-graft body found former municipal treasurer Rhett Minguez guilty of gross neglect of duty.
“The decision dated October 21, 2015 is affirmed with modifications that respond Minguez is guilty of gross neglect of duty,” the order reads.
The Ombudsman dismissed Minguez from service with cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification for employment in government service.
Since the penalty of dismissal from service can no longer be enforced due to Minguez’s separation from service, the same shall be converted into a fine in the amount of the Minguez’s salary for one year, payable to the Office of the Ombudsman.
The amount may be deducted from Minguez’s accrued leave credits or any receivable from office that is not otherwise forfeited.
“It shall be understood that the accessory penalties attached to the principal penalty of dismissal from the service shall continue to be imposed,” the Ombudsman said.
Ombudsman said it was not a “ministerial duty” on the part of Minguez to approve and release the check.
The office cited Section 479 (d) of the Republic Act No. 7160, which provides that the Municipal Treasurer shall take charge of the treasury office and is tasked, among others, the duties to take custody and exercise proper management of the funds of the local government unit, and to take charge of the disbursement of all local government funds and such other funds the custody of which may be entrusted to him by law or other competent authority.
It also cited COA Circular No. 92-389 dated Nov. 3, 1992, which states that “it should be clear that the submission of the supporting documents enumerated under this type of transaction does not preclude reasonable questions on the funding, legality, regularity, necessity or economy of the expenditures or transaction.”
It said the safeguard mechanism under COA Circular Nos. 96-003 and 92-389 have been introduced to ensure that no public funds will end up in the hands of unscrupulous persons or entities in convenience with public officers.
According to Ombudsman, under these circumstances, Martinez and Minguez committed gross neglect of duty “to effectively and efficiently discharge their respective functions and responsibilities.”
But it modified its earlier decision dismissing Martinez for lack of administrative jurisdiction.
Martinez sits in the PB as ex-officio member being the Cebu Chapter President of the Association of Barangay Councils. He is the barangay captain of Cayang, Bogo City.
The anti-graft body “partially granted” the motion for reconsideration and/or reinvestigation dated January 15, 2016, which was filed on January 18, seeking the reversal of the Ombudsman’s decision dated October 21.
Background
The October 21 order found both Martinez and Minguez guilty of grave misconduct. Both were dismissed from service.
The Ombudsman, however, “denied” the respondents’ motion for reconsideration dated March 10, which sought to reconsider the immediate implementation of the penalty of dismissal from the service on the ground of the pendency of their motion for reconsideration of the assailed decision.
Martinez, in his motion for reconsideration, pointed out that it was Sanggunian that accredited the NGO and not him. He said he was the Sangguniang Bayan’s duty to “assess, review and accredit the application for accreditation.”
“…and that if Sikap-Yaman had been accredited despite its deficiencies in complying with the requirements, the Sangguniang Bayan members who approved the application, as well as the Committee on Accreditation members who examine, reviewed and recommended its approval, are the ones who should be made to answer the violation,” he said.
The Ombudsman said Martinez could have exercised his veto power against Sangguniang Bayan Resolution Nos. 034-204 and No. 039-2004 for the failure of Sikap-Yaman to comply with the requirements for accreditation as a non-government organization and for it being non-accredited NGO, respectively, as stipulated under COA Circular No. 96-003 dated Feb. 27, 1996.
The Ombudsman said all these resolutions were duly approved by Martinez.
Minguez, on the other hand, contended that his only participation in the transaction was “authorizing the issuance of the check for P6 million in favor of Sikap-Yaman, a ministerial duty on his part.
Minguez also said he had no involvement in the accreditation of Sikap Yaman.
To process the payment to the Quezon City-based NGO, Martinez and former municipal treasurer Rhett Minguez issued undated and unnumbered disbursement vouchers and Allotment and Obligation Slips in violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The transaction was consummated despite the non-accreditation of Sikap Yaman as required under Commission on Audit Circular No. 96-003.
COA even issued an Audit Observation Memorandum noting that the NGO failed to submit a list of previous projects implemented and that no accomplishment reports were submitted.
Return
In his privilege speech in Monday, Martinez described the decision of the Ombudsman like “a lotus flower blooms from murky waters.”
“So does truth rise from the haystacks of lies, so is strength forged from weakness, so does the spirit to serve emerge steadfast out from the clutches of those rotten few, whose seduction to power perpetuates into the deepest and darkest corners of their soul, will the light of peace and justice beacon from the darkest place of our hearts,” he said.
He narrated how “our opposition” played in destroying his name and reputation, as well as those of his family.
“Their work started even during the time, I was just a young mayor in then municipality of Bogo. When they concocted a plan to destroy my name and the good reputation my family has established by imputing me as the mastermind of a bank robber case,” he said.
He said all the cases filed against him were forms of harassment.
“Over the years, it is apparent that the cases they have conjured or concocted against me and my family and even allies are all means of harassment designed to perpetuate a corrupt agenda,” he said.
“Their actions go beyond even the norms of the dirtiest political arena and the Cebuanos do not deserve them,” he added.
He said if the barangay election proceeded, he would not have been able to seek a second term.
“But as I would believe that through divine intervention God stepped in and told Pres Digong to postpone the barangay elections for another year despite at first he was opposed to the idea,” he said.
No certificate needed
DILG-Cebu provincial director Jerome Gonzales yesterday said his office need not have to issue a certification to reinstate Martinez.
He said they do not need to issue a certificate of reinstatement even if they have already implemented the Ombudsman’s order of dismissal.
“Dili na kinahanglan certificate. No further action needed. The order that he is no longer under dismissal or the order of the Ombudsman is already enough. What he will do is to inform the Sangguniang Bayan and the PB. Basta automatic siya balik og igo ra siya magpahibalo,” he said.
He said they have yet to receive a copy of the order. (FREEMAN)