Mandaue ex-vice mayor, 3 others cleared of criminal raps

CEBU, Philippines - The Office of the Ombudsman-Visayas has cleared former Mandaue City vice mayor Carlo Pontico Fortuna and three others from criminal and administrative charges for insufficiency of evidence.

Graft investigator Mona Chica Gillamac found no legal grounds to indict Fortuna, budget officer Lamberto Neri Marababol, city accountant Nenita Regencia and security agent Robert Capa on the complaint for violation of Section 3(e) of Republic Act 3019 otherwise known as the Anti-graft and Corrupt Practices Act and administrative complaint for misconduct.

The case stemmed from the complaint filed by then councilor now Vice Mayor Glenn Bercede accusing Fortuna of collecting transportation allowance for the months of July and August 2009 in the total amount of P13,400 even if he was issued a government vehicle for his exclusive use.

The transportation allowance was subsequently disallowed by the Commission on Audit.

“It is thus evident that while Commission on Audit (COA) disallowed the amount, respondent Fortuna cannot be held liable for any criminal or administrative offense owing to his lack of malice or bad faith in making the claim, which is an element of the ascribed offense,” the anti-graft body said in its resolution.

Marababol was included in the complaint for providing appropriation for disbursements while Regencia certified the supporting documents. Capa approved in pre-audit the claim for transportation.  

Fortuna, whose term as vice mayor ended in 2010, denied the charges. He said he believed he was entitled to collect the transportation allowance for the months of July and August 2009 because the vehicle issued to him had no fuel allocation.  Fortuna said he thought the closest source for the funds for fuel would be his transportation allowance in the amount of P6,500 per month.

 He added during that time that the vehicle was not yet owned by the city government because the purchase was not yet approved by the Office of the President. — (FREEMAN)