Badian officials cleared of malversation charges

The Office of the Ombudsman-Visayas has cleared the Badian town mayor and other local officials who were charged with malversation of public funds.

Badian Mayor Carmencita Lumain, Vice-Mayor Fructouso Caballero and councilors Felino Lucero, Adolfo Alcoseba, Eva Tabanao, Floro Sande Jr., Edwin Celestial and former vice-mayor Romeo Librando were accused of malversing public funds for purchasing two multicabs using the P1.5 million prize money awarded to barangay Matutinao, Badian without the consent of its local officials.

Also, complainants Romeo Ejercito, Reuben Ejercito, Feliciana Samontañez, Delia Capacio, Jose Calvo and lawyer Dionisio Cañete accused the respondents of allowing the construction of the barangay's footbridge of which they alleged the contractor was "unknown."

The money used to purchase the said vehicles, which were to be used during the construction of a controversial footbridge in barangay Matutinao, was the prize given by the national government after the town's Kawasan River located in the same barangay was awarded as the most beautiful and cleanest inland river in the Philippines, for three consecutive years now.

But the complainants, through Ejercito, after being directed to submit evidence to support their claim, told the office of the Ombudsman that they could not produce any evidence because no one wanted to cooperate for fear of retribution from the respondents.

In lieu of the evidence Ejercito submitted a list of barangay Matutinao officials whom he said were willing to testify regarding the alleged anomalies.

On July 28, the respondents were invited by the Ombudsman for a conference presided by Ombudsman-Visayas Director Virginia Santiago.

There, the respondents denied the allegations that they used the money without the consent of the barangay Matutinao officials. Lumain admitted that while it was true the prize money was used to buy the two multicabs it was because the barangay requested for them. The said vehicles, she said, were for the use of all barangays in the municipality and not for exclusive use of the municipal officials as what the complainants alleged.

As for the issues on the projects undertaken by the municipality, the mayor said there was even no actual cash money released for the construction of a concrete bridge and a steel-wooden bridge in the said barangay.

She said the municipality only facilitated the construction of those bridges, and that they only submitted a Program of Work of the project in accordance with the guidelines set by the Department of Interior and Local Government.

Lumain also denied that the construction of the footbridge was unknown. She explained that the construction of a reinforced concrete footbridge and a steel-wooden footbridge amounting to more than P1.3 million was undertaken by SAA Palmero Construction.

The respondents were able to produce the records of the public bidding of the project conducted on December 18, 2003 during which there were six qualified bidders in attendance.

"On the basis of the foregoing findings, we do not find any irregularity in the construction of the footbridges and the purchase of two multi-cab units by the municipality of Badian," the Final Evaluation Report penned by graft investigator Alejandro Borden read.

Thus the office of the Ombudsman, in that report dated August 31, with the recommending approval of Santiago considered the said complaint "closed and terminated." - Liv G. Campo