Fiscals ask Sandigan: Suspend ex-PLM president

MANILA, Philippines - State prosecutors have asked the Sandiganbayan to suspend from office the former president of the Pamantasan ng Lungsod ng Maynila (PLM), who is holding another government post, over graft charges for allowing an unregistered private foundation to operate at the school and collect fees from students.

In a motion to suspend filed before the Sandiganbayan’s Fifth Division last week, the prosecution asked the graft court to suspend former PLM president and now Universidad de Manila president Benjamin Tayabas for violating Section 3(e) and 3(h) of the Anti-Graft and Corrupt Practices Act (Republic Act 3019).

In seeking the suspension, prosecutors cited that under Section 13 of RA 3019, any government official on trial for an offense involving fraud upon government or public funds or property should be suspended from office.

They said the Supreme Court has declared that the suspension under RA 3019 is to prevent the accused from affecting the case “as well as to prevent further acts of malfeasance.”

In September 2005, Tayabas was still president of PLM when a memorandum of agreement was renewed between PLM the National College of Physical Education, Inc. (NCPE), a private foundation, for the utilization of the university’s facilities and manpower from 2005 to 2007 for a fee amounting to P60,000.

However, the Office of the Ombudsman, which filed the graft charges, said the Commission on Audit found the agreement irregular because it was entered into without proper approval from the Board of

Regents as required under the PLM charter and without the benefit of public bidding as required under Republic Act 9184, the government procurement law.

Investigators also found that the Securities and Exchange Commission revoked NCPE’s certificate of registration in 2003, that the firm had no business permit to operate in Manila and that it had no Commission on Higher Education permit to operate degree programs.

The ombudsman also said Tayabas gave the non-existent private foundation unwarranted benefits by allowing it to operate at the school and to collect fees from students at the expense of PLM and the enrollees.