Ombudsman finds probable cause to file falsification charges vs N. Cotabato exec, 5 gov’t employees

KIDAPAWAN CITY -The Ombudsman in Mindanao has found probable cause to file two counts of falsification charges against the vice-mayor of Makilala town in North Cotabato and the Bids and Awards Committee (BAC) of the Makilala local government unit (LGU). The issue stemmed from a complaint filed by a certain Rodillin Estrella against Makilala vice-mayor Ricky Cua BAC chairman engineer Roel Caoagdan municipal budget officer Mario Ranis administrative officer Edwin Arellano local assessment operations officer Pio Abonado, Jr. local treasury operations officer Giovanni Ignacio. Allegedly, Cua and the BAC colluded to make it appear that the 314 pairs of eyeglasses distributed to senior citizens in 2012 amounted to P99,000, which, based on documents and records presented, only cost P6,280. The Ombudsman has also found prima facie evidence to charge Cua of violating Section 7(a) of the Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Official and Employees and one count of violation of Section 65, Article 21 of the Republic Act 9184 or the Government Procurement Reform Act. Two counts of falsification charges or violation of paragraph 2, Article 171 of the Revised Penal Code would also be filed against BAC chair Caoagdan and four other BAC members. Charges dismissed Meantime, the Ombudsman did not find probable cause to file such charges against Makilala Mayor Rudy Caoagdan and municipal accountant Lydia Morales for lack of evidence. It all started when Cua bought 314 pairs of reading eyeglasses for which he asked for reimbursement for P99 thousand from Makilala LGU in 2012. Estrella, in his sworn statement, alleged that the eyeglasses were of cheap kind, bought only from Naem Merchandise, which is not an optical outfit but an ordinary store inside DCLA Complex in Davao City. Based on Cua’s reimbursement papers, each pair costs P315.30, but according to Estrella, costs only P20 when sold by retail and P18 by wholesale. Estrella also claimed that Cua has fraudulently obtained and falsified the Naem cash invoice, which he made as basis for his reimbursement. The BAC, according to Estrella, has certified the abstract of canvass and claimed it conducted shopping to secure prices from Naem and other suppliers, when the truth was that the prices quoted were fraudulently manufactured.” The complaint further alleged that the BAC has conspired with Cua in issuing BAC Resolution Number 2013-S-009 awarding the supply to Naem and in making it appear that the latter gave the lowest price. Subject to approval, denial In his counter-affidavit, Cua admitted having made the reimbursement but contended it was subject to approval or denial, and that the BAC Resolution confirmed that Naem offered the lowest price. He denied having conspired with BAC on committing any of the offenses charge against him, saying that his only participation was to request reimbursement of the cost of the eyeglasses. For their defense, the BAC members disclosed that as early as December 2012, Cua had been pleading them to issue a resolution because he wanted to be reimbursed of the amount of P99 thousand. BAC chair Caoagdan had initially refused Cua’s demand saying that a public bidding must first be conducted but the vice-mayor allegedly insisted it was unnecessary as he already bought the items. The other BAC members stressed that they have no participation over the price canvass as it had been done by Cua alone. They claimed that Cua has already presented the certificate to them in complete form, leaving them no choice but to name Naem as the winning supplier. Found probable cause After a year and nine months of evaluating the case, the Ombudsman finally issued a resolution that stated they found probable cause to file criminal charges against Cua and BAC members. Cua, for his part, said that he is set to file a motion for reconsideration at the Ombudsman. Also, he claimed that his strong political contender in the vice-mayoral race in May 2016 was behind the case. The Ombudsman’s resolution was signed by Rosemil Robles Banaga, graft investigator and prosecution officer 1, and reviewed by Maria Iluminada Lapid-Viva, director of the Evaluation and Investigation Bureau-A of the Ombudsman.