Clavel, seven others, charged

CEBU, Philippines - The Office of the Ombudsman has filed before the Sandiganbayan four counts of criminal charges for malversation of public funds and violation of the Anti-graft and Corrupt Practices Act against former Cebu fourth district representative Clavel Asas Martinez and seven others for allegedly misusing P15 million in pork barrel funds.

Ombudsman Conchita Carpio Morales has affirmed the findings of anti-graft probers that Martinez and the other respondents had connived in mishandling P15 million in public funds from Martinez’s Priority Development Assistance Fund (PDAF) in 2002 that was originally intended for the Girl Scout of the Philippines.

Charged along with Martinez were Bogo Mayor Celestino “Tining” Martinez III, former municipal treasurer Rhett Minguez, and Municipal Accountant Cresencio Verdida. The four others wre GSP-Cebu Executive Director Alejandrita Meca, GSP treasurer Paz Radaza, GSP cashier-designate Julieta Quiño, and GSP bookkeeper Rhodariza Kilantang.

The Ombudsman filed two counts of malversation under Article 217 of the Revised Penal Code and another two counts of violation of Section 3 (e) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act).

After evaluating the case documents, the Ombudsman found out that only P600,000 of the P15 million had been spent for an anti-drugs campaign the money was supposedly intended for.

“All the elements required in both charges are present and there is no denying that respondents conspired with each other through evident bad faith and gross inexcusable negligence to defraud public funds,” said the Ombudsman.

The press statement of the Ombudsman, published in its official website yesterday, stated that “The release of funds to GSP-Cebu City gave Martinez unwarranted benefits, consenting and allowing her to take full control of the funds thereafter misappropriating it.”

Martinez was GSP-Cebu president from 2000 to 2003. Radaza was included in the case because she used to be GSP-Cebu City treasurer.

Radaza’s spokesman Jonji Gonzales said the Lapu-Lapu City mayor has decided to remain silent until after she has received and read the copy of the case.

“Mora’g naamong ra man ko ana nga kaso,” Gonzales quoted the mayor as saying.

Case records showed that on November 19, 2001, the Cebu Provincial Board passed a resolution requesting the Boy and Girl Scouts of the Philippines in Cebu City to include in their programs an anti-drugs campaign to be funded by Martinez’s 2002 pork barrel allocation.

The Department of Budget and Management then released P15 million of Martinez’ PDAF to the then Municipality of Bogo under Special Release Allotment Order No. ROCS-02-01767 on May 13, 2002.

The Ombudsman said that while there was no Memorandum of Agreement signed between the local government of Bogo and GSP-Cebu City, the PDAF was released in two tranches of P7.5 million each upon the written request of Meca to Tining, son of the former lawmaker.

The GSP deposited the checks immediately upon receipt and thereafter also prepared the general voucher for withdrawal of the amount, payable to cash, which Martinez allegedly received.

Both transactions neither appeared in the Monthly Financial Report of the GSP in Cebu City nor were they pre-audited by the internal auditor.

The Allotment and Obligation Slips of Bogo were also not supported by programs of work and or documents showing the related activities of GSP.

Anti-graft probers alleged that Tining, Minguez and Verdida disregarded proper procedure in disbursing the PDAF when they supposedly had control over and were accountable for the funds.

“They should have demanded for the program of works and/or memorandum of agreement (MOA) showing the activities by the GSP for its anti-drug campaign program, to ensure the legitimacy of all the disbursements,” the Ombudsman said.

 Reacting to the filing of the case before the Sandiganbayan, Tining, now a member of the Cebu Provincial Board, questioned why he is included in the case. He said the GSP is not a bogus organization and has an in-house auditor.

The young Martinez said that as far as he is concerned, they already had submitted receipts and there was already a liquidation report.—with a report from Greg M. Rubio/RHM (FREEMAN)