Ex-Energy secretary, mom charged for fertilizer scam

MANILA, Philippines — Former Energy secretary Carlos Jericho “Icot” Petilla and his mother, incumbent Palo mayor Remedios Petilla, were charged with graft at the Sandiganbayan for their alleged involvement in the 2004 fertilizer fund scam during their respective terms as governor of Leyte.

Filed by the Office of the Ombudsman on April 6, Jericho and Remedios were charged with one count each of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Named as their co-accused in the cases were former assistant provincial agriculturist Rogelio Portula, former assistant provincial treasurer Rodolfo Badiable, former provincial accountant Tessie Ligutan and private individual Marilyn Castillo of Castle Rock Construction.

Based on the charge sheets prepared by graft investigation and prosecution officer Feliz Marie Guerrero-Manlangit, the provincial government, during Remedio's term as governor on May 3, 2004, paid a total of P3.131 million to Castle Rock for the purchase of 350 gallons of Florida Green Foliar Liquid Fertilizer.

Jericho, who succeeded his mother's post after the May 10, 2004 elections, also allegedly purchased from Castle Rock 350 gallons of Florida Green Foliar Liquid Fertilizer, but this time, at a lower price of P1.686 million. The payment was allegedly made on Dec. 28, 2004.

The ombudsman said the Petillas gave “unwarranted benefits, advantage and preference” to Castillo, as in both instances, the purchase contracts were awarded to the latter's firm without the benefit of public bidding.

Instead, the Petillas, “in conspiracy” with the other then provincial officials, allegedly resorted to direct contracting without any valid justification and despite the presence of other manufacturers and distributors accredited by the Fertilizer and Pesticide Authority offering the same type of product.

Furthermore, ombudsman said the respondents' reference to a specific brand name of fertilizer in the Purchase Request was in violation of RA 9184 or the Government Procurement Reform Act as it deprived the government the opportunity to obtain a similar type of product at a more reasonable price.

Lastly, the ombudsman faulted the Petillas for signing and approving “unnumbered and undated” purchase orders, reports and other supporting documents.

The bail bond for the Petillas was set at P30,000 each while their co-accused would each have to pay P60,000 bail bond as they are each facing two counts of the charged offense.

The Petilla matriarch also served as the representative of the First District of Leyte from 2004 to 2007. She is now on her third as Palo mayor.

The younger Petilla, meanwhile, served as Leyte governor for three terms or from 2004 to 2012, before he was appointed as Energy secretary in November 2012 by then President Benigno Aquino III. He resigned from his Cabinet post in April 2015 in preparation for his senatorial bid for May 2016 elections, but failed to secure a Senate seat.