Pasay mayor, councilors face graft, bribery raps

MANILA, Philippines -  The Office of the Ombudsman, a day after issuing a six-month preventive suspension order against the incumbent mayor of Caloocan City, ordered the filing of criminal charges yesterday against another local chief executive and his predecessor.

Acting Ombudsman Orlando Casimiro said Pasay City Mayor Antonio Calixto and former mayor Wenceslao Trinidad should face trial at the Sandiganbayan for allegedly entering into questionable solid waste management contracts from 2004 to 2006.

The anti-graft agency also ordered the filing of graft and bribery complaints against Councilors Richard Advincula, Lexter Ibay, Jose Antonio Roxas, Noel Bayona, Arnel Regino Arceo, Editha Vergel De Dios, Marie Irish Pineda, and Greg Paolo Alcera.

Private contractors Ernesto Salvador of LEG Hauling Services; Joel Ycasas of Excellent Transport Services Inc.; Jeremy Paguia of Solid Waste Alternative Tech; Ma. Marilou Baltazar of RM Maintenance Services; and Alexander Tantoco of Greenline Envirotech Philippines were also named respondents.

During an investigation, the Office of the Ombudsman learned that Pasay City appropriated P232,320,000 in public funds for garbage disposal and awarded the same to private firms without any public bidding for two years.

It was also established that the city council, on Jan. 20, 2004, passed a resolution that declared the garbage collection and disposal contracts void because they were entered into without approved budgets and for being overpriced and prejudicial to the government.

One month later, the council passed a resolution authorizing Trinidad to extend the contract for 90 days.

But on Feb. 13, 2004, Trinidad entered into a six-month contract instead of the authorized 90-day extension.

Councilor Antonia Cuneta and Generoso Cuneta testified that Trinidad, then vice mayor Calixto and each of the eight councilors now being ordered charged reportedly received monthly kickbacks from the private contractors.

With allegations that Trinidad received P520,000; Calixto P260,000 and the councilors P130,000 each month, the Office of the Ombudsman said it finds the testimony sufficient to establish probable cause against the respondents for bribery.

Also during the investigation, it was established that four sets of contracts were entered into during a two-year period wherein a total of P278,455,368 was actually disbursed by the city government to pay the contractors.

Graft probers who looked into the accusations said the respondents did not have a sufficient explanation as to why they disregarded the rules provided in Republic Act 9184, the government procurement law, especially on the requirement of the conduct of public biddings.

“To stress, the contracts involved millions of pesos. Respondent Trinidad would always ask for contract extensions and the (city council) would willingly give it in exchange for the monthly kickbacks,” the Office of the Ombudsman’s findings read.

The resolution stated that Calixto did not do anything to protect the interest and welfare of his constituents as his “inaction could be easily explained by the glaring truth that he was part of the grand scheme of the public officers and private respondents, in order that they would be assured that they would be awarded contracts, and the latter making sure that they would continue receiving monthly salaries.”

Casimiro ordered the filing of cases for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (RA 3019) against Trinidad, Calixto, the councilors alleged to be involved, and the contractors.

He said Trinidad, Calixto, Advincula, Ibay, Roxas, Bayona, Arceo, Vergel de Dios, Pineda and Alcera are also being charged for direct bribery.