CABANATUAN CITY , Philippines – Nueva Ecija Gov. Aurelio Umali, besieged with a slew of graft suits in connection with alleged irregularities in his two-year-old administration, was slapped with yet two more counts of graft before the Office of the Ombudsman along with three other Capitol officials for undertaking projects allegedly without the required approval of the Sangguniang Panlalawigan.
Aside from Umali, charged in three-separate affidavit-complaints filed before the office of the Ombudsman for Luzon were Giovani Agtay, provincial trade and industry officer; Vicente Santos, provincial engineer; and Randolph Alingig; provincial budget officer. Agtay is the brother of Dennis Agtay, an executive assistant of Umali.
The complaints were filed by Vice Gov. Edward Thomas Joson, SP presiding officer who accused Umali and the other respondents of violations of RA 3019, (Anti-Graft and Corrupt Practices Act, Article 220 of the Revised Penal Code), RA 7160 or the Local Government Code and RA 6713 (Code of Conduct for Public Officials and Employees).
Umali told newsmen he has not yet received a copy of the charges. “Anyway, we will face it in the proper forum which is the court,” he said.
Provincial administrator Al Abesamis said that the latest complaints against the governor was sheer harassment. “Definitely, it’s political harassment,” he said in a text message, without elaborating.
The cases against the four stemmed from the provincial government’s having spent its 20 percent development fund for 2008 worth P180 million without an appropriation ordinance for the annual investments program which had to be approved by the SP and for the illegal construction of stalls along city streets at the Benigno Aquino Freedom Park fronting the old Capitol in this city.
The cases brought to 10 the number of cases lodged against Umali before the Office of the Ombudsman. Earlier, he was also charged for appointing unqualified Capitol consultants, for negotiating for loans without SP approval and for alleged overpricing of multi-cabs acquired by the provincial government.
In the first separate case, Umali, Agtay and Santos were charged for closing a street perpendicular to the freedom park and allowing the construction in 2008 of 16 rentable commercial stalls, stores and canteens for lease to interested lessees without building and business permits and SP approval.
This prompted a concerned citizen to file a complaint saying that because of the construction, the street can no longer serve its purpose as passageway for vehicles since commercial stalls and canteens occupy the entire street.
Worse, Santos, in an Aug. 1, 2008 letter to Cabanatuan city engineer MacArthur Yap, requested that the commercial stalls be exempted from payment of building permit fees.
But the city government of Cabanatuan rejected the request, stating among others that the construction of the stalls was illegal.
Attached in Joson’s complaint was the legal opinion of lawyer Edgardo Villarin, city legal officer, who said that a public street is a property for public use and it cannot be leased to any person, otherwise the contract is null and void. “It (street) is outside the commerce of man and it cannot be subject to negotiation for contract purposes,” he said.