North Cotabato gov faces graft charges over P2.4-M fuel purchases Mendoza denies charges

The Office of the Ombudsman found it
scientifically impossible” for a local government unit to spend diesel fuel
worth P2.4 million for heavy equipment in just two days of road maintenance
operation, print and broadcast media outfits reported.

In its press statement, Ombudsman Conchita Carpio
Morales said her office found probable cause to charge North Cotabato Gov.
Emmylou Talino-Mendoza for illegally procuring P2.4 million worth of diesel
from a gasoline owned by her mother, Noemi Talino, in 2010.

Mendoza who is seeking reelection for third term under the President Aquino's Liberal party (LP),is
facing trial before the Sandiganbayan for three counts of violation of Section
3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019).

Questionable transaction A complaint has been submitted to the Office of the
Ombudsman in 2012 against Mendoza and her family for the questionable
transactions using government funds and without public bidding. It did not
identify the complainant.

But Mendoza’s counsel, Atty. Vincent Paul Montejo,
said in a statement released to media Friday, the there was no bias or
preference in the purchase of diesel fuel.

No Basis

He said the accusation of partiality, preference and
bias has no basis.”

What should be borne in mind is that Gov.
Mendoza is not a member of the Bids and Awards Committee (BAC). It follows then
that she did not handpick or select any particular station as the province's
supplier for the P2.4M fuel, Montejo said in a statement.

He stressed that the fuel was procured after it went
through government bidding procedures and under the Government Procurement Act
and as recommended by the Bids and Awards Committee.

Montejo also said that Ombudsman ignored evidence
that fuel was actually utilized for the province's road projects.

In her explanation submitted to the Ombudsman, Mendoza
stressed no other fuel dealers selling at a lower price and that no other gas
station in the province that offered credit purchases to the provincial
government.

Only mom’s gas station

She said only the Talino Shell Station has the
willingness to accommodate the credit term requested by the provincial
government.

But the Ombudsman dismissed Mendoza’s argument. It said it found no compelling
justification for the provincial government to skip the required public
bidding.

Carpio’s office said Mendoza made it appear
that the diesel fuel was procured and used in a government project when in truth,
only a small portion of the fuel was actually used and the rest was converted
to cash for the benefit of those who were involved in the fraudulent
transaction.

Carpio said that under Section 3(e) of R.A. No.
3019, a public officer is prohibited from causing any undue injury to any
party, including the government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, evident bad faith
or gross inexcusable negligence.

No public bidding

The Ombudsman investigation showed that Mendoza
approved the release of P2.4 million from the provincial funds to pay for
49,526.72 liters of diesel fuel used for one road grader and four dump trucks utilized
during the two-day road rehabilitation projects.

It said no public bidding was conducted for the
procurement of fuel” but Mendoza directly contracted with the gas station owned
by her mother.

It found out that the fuel was divided into three
road rehabilitation projects that lasted for two daysand 20,833 liters worth P1 million for the
maintenance of Ginatilan-Bangkal-Manobo Road 18,693.83 liters worth P943,669
for the rehabilitation of Carmen-Maridagao Road and 10,000 liters worth
P499,999 for the rehabilitation of Lamitan-Bulacanon Road in Makilala.

The Ombudsman found huge difference” between the
amount of fuel used during the road maintenance projects and the volume of
gasoline purchased by the provincial government.

35 days for six trucks to consumer 20,000 liters

To satisfy its findings, it referred the two-day
fuel consumption of a road grader to manufacturers. It found out that the biggest volume that can
be consumed by a grader for a low to medium road maintenance project is around
36 liters per day, or for a tractor, around 60 liters per day.

Scientifically impossible,” the Ombudsman said of
the consumption of 20,833 liters per day for the Ginatilan-Bangkal-Manobo Road
maintenance since it will take 35 days for six pieces of equipment, running
eight working hours a day to consume 20,000 liters.

In a resolution, the Ombudsman said that the road
rehabilitation projects were also questionable because the roads are in
relatively good condition compared to other provincial roads which are in
terrible condition.

Scheme to pocket gov’t funds

The great disparity between the estimated 552
liters of diesel actually consumed for the two-day road maintenance project in
Magpet vis-à-vis the 20,833 liters actually paid for, is proof that the fuel-purchase
transaction is illegal and that this transaction is obviously a scheme to
pocket government funds, the Ombudsman resolution read.

Mendoza’s counsel said it was unfortunate” the
Ombudsman found probable cause for supposed graft against the governor.