Ex-lawmaker, DOTC execs face graft raps

MANILA, Philippines - The Office of the Ombudsman has ordered the filing of criminal charges against former Iloilo representative Judy Syjuco, along with officials of Department of Transportation and Communications (DOTC), for their alleged involvement in the ghost purchase of P6.2 million worth of cellular phones 11 years ago.

Ombudsman Conchita Carpio-Morales said she has found probable cause to prosecute Syjuco for violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

To be indicted with Syjuco are former DOTC Bids and Awards Committee (BAC) chairman Domingo Reyes Jr.; vice chairman Elmer Soneja and directors Rebecca Cacatian and Ildefonso Patdu Jr.

Also facing criminal charges are BAC legal officer Geronimo Quintos and director Venancio Santidad, DOTC inspector Marcelo Desiderio Jr., DOTC technical inspector Danilo dela Rosa, and private respondent Domingo Samuel Jonathan Ng, owner of West Island Beverages Distributor (West Island).

The Office of the Ombudsman said all the respondents had a hand in the ghost purchase and delivery of 1,582 units of Nokia 1100 cellular phones amounting to P6,248,900 in December 2004.

Morales said an investigation showed that Syjuco and the DOTC officials facilitated the release of public funds to Ng even if there was no need to resort to direct contracting instead of public bidding.

The Government Procurement Reform Act and its implementing rules explicitly provide that public bidding is the rule and the alternative methods of procurement may be resorted to only in highly exceptional cases.

But ombudsman investigators learned that West Island did not present a certificate of exclusivity and was not an authorized supplier of cellular phones, but a mere distributor of Smart value credits or Smartload based on a marketing distributorship agreement.

Also, the 1,582 cellular phones were never delivered and the invoice receipt for property contained the lone name and signature of Santa Barbara, Iloilo Mayor Isabelo Maquino when the beneficiaries as listed on several documents were the eight municipalities of the 2nd District of Iloilo.

Ng allegedly acknowledged the receipt of payment minus the taxes amounting to P5,964,859, while the disbursement voucher indicated that the cellular phones were for the “use of Hon. Judy Jalbuena Syjuco.”

Records show that Ng is the president of Nation Bank Inc. where Syjuco’s sons and Flame Property Holdings are stockholders. Syjuco and her spouse are stockholders of Flame Property Holdings.

“The confluence of facts and evidence will show that respondents conspired with each other through seemingly separate but collaborative acts to defraud the government of P6,248,900,” Morales said.