MANILA, Philippines - The Office of the Ombudsman yesterday ordered the filing of graft charges against former Camarines Norte governor Jesus Typoco for his alleged involvement in the fertilizer fund scam.
Also ordered indicted before the Sandiganbayan were provincial accountant Maribeth Malaluan, bids and awards committee (BAC) members Jose Atienza, Lorna Coreses, Cesar Paita, Rodolfo Salamero and Jose Rene Ruidera and Alex Rivera of Hexaphil Agriventures Inc. (Hexaphil).
The respondents will also be charged with violation of Republic Act 9184 or the Government Procurement Reform Act.
Investigation showed the provincial government received P4 million for the acquisition of agricultural supplies and P1 million for vegetable seeds in 2004.
Typoco and the BAC awarded the procurement of 7,142 bottles of fertilizer to Hexaphil without public bidding.
Rivera in offering their product, Hexaplus liquid fertilizer, to Typoco claimed their company is an exclusive distributor of the product, which they sold for P700 per bottle.
Graft probers said Hexaphil was not a legitimate company as it had no business permit or a license to operate. The company was also not registered with the Department of Trade and Industry, Securities and Exchange Commission or the Bureau of Internal Revenue and cannot be located in its declared business address.
Investigators said the respondents did not exercise diligence in its market probe prior to the award of contract. The procurement law prohibits reference to brand names, they said.
The ombudsman said Typoco as governor and public official is accountable for the award of the contract to Hexaphil. “Typoco cannot be exempted because he was then busy campaigning for the upcoming elections,” it stated in its ruling.
Ombudsman Conchita Carpio-Morales said the public respondents’ action indicated “closeness of personal association, concerted action and concurrence of sentiments.”