In the complaint lodged against Bulacan Rep. Reylina Nicolas before the Office of the Ombudsman, the complainant, Roland Reyes of Butil Farmers Organization, claimed the lawmaker had received the money as "commission" in the P5 million fertilizer fund allocation for her district.
Reyes used as basis the testimony made by Jose Barredo, a messenger of the Department of Agriculture (DA), before the Senate inquiry over the fertilizer scam issue last year.
Barredo had declared "under oath" before the Senate panel that he personally handed the money to Nicolas.
"It should be noted that Barredo candidly and positively identified Nicolas as the recipient of the P5 million and the one who took the P3 million for her commission during the Senate committee hearing and the same was made under oath," Reyes pointed out.
Reyes, a resident of Sta. Maria, Bulacan, accused Nicolas of graft for directly receiving a percentage of a government transaction.
"Worse, her acts were in direct violation of the Anti-Graft and Corrupt Practices Act. Sadly, she failed to live up to the strict standards set forth by no less than the Constitution in her dealings with other people," Reyes said.
Reyes also wanted Nicolas, who is seeking re-election in the May 14 polls, charged for violating Article 213 of the Revised Penal Code, or fraud against the public treasury and illegal exactions which penalizes officials who enter into an agreement aimed at defrauding the government.
The P5 million allocation for liquid fertilizers intended for the fourth congressional district of Bulacan formed part of the P728 million so-called fertilizer scam that have not been delivered to local government units.
Funds for the program have been released by the Department of Budget and Management in February 2004.