Facing criticism from some sector over its decision to probe erring local government officials, the Department of the Interior and Local Government said on Tuesday they have the authority to conduct their own investigation.
DILG spokesman Jonathan Malaya said the agency is investigating at least 37 towns and cities for alleged “irregularities in their disbursement of public funds.”
The DILG has tapped the CIDG to conduct the investigation after receiving complaints regarding fixers, scalawag officials, and poor government services through government hotline 8888 and the National Action Center.
Malaya said at least 300 local government units were the subject of the complaints. Most of these cases, in turn, are referred to the Ombudsman.
“If we see na medyo seryoso, alangan naman po kaming umupo na lang. We have to do something about it. Lahat ng nire-refer namin sa Ombudsman, alam niyo bang libo-libong kaso ang nasa Ombudsman at ilan lang ang tao nila,” he said.
Malaya said by its mandate, the DILG has control over local government units as stated in Republic Act 6795 or Department of the Interior and Local Government Act of 1990.
“Unang-una, walang batas na nagsasabi na ang Ombudsman ang may authority over corruption cases. As a matter of fact, nandiyan din ang Commission on Audit, tumutulong din sa Ombudsman. Nandiyan din ang Civil Service Commission, puwede ka ring mag-file ng kaso sa CSC. Nandiyan ang PNP at DILG. Bakit DILG? Kase kami ang departamento ng mga LGUs at pangalawa, meron kaming batas, ang aming DILG Act, RA 6975. Nandoon ang authority ng DILG, general supervision over local government units,” he explained.
A recent report said that the Criminal Investigation and Detection Group has “commanded” a municipal accountant to appear in their office and produce documents that would prove that the LGU that the accountant represents have complied with government requirements in the disbursement of funds.
The CIDG reportedly said that said failure to comply “without adequate cause…shall be deemed an Indirect Contempt of Court,” which is punishable by a fee of up to P5,000 and/or at most one month in prison.
The letter was signed by CIDG director Roel Obusan, one of three persons allowed by the controversial Republic Act (RA) 10973 to issue a subpoena in aid of an ongoing investigation.
CIDG chief legal officer Joseph Orsos, the person-in-charge of drafting the subpoenas, said the agency is preparing a petition for indirect contempt against government accountants who refuse to honor the subpoenas.
But human rights lawyer Jose Manuel Diokno said he finds the investigations “alarming” and highly unusual.
“Ngayon ko lang na-encounter na iyong PNP (Philippine National Police) iyong humihingi ng ganyan…Bakit ang CIDG ang nagi-imbestiga niyan? 'Di ba dapat Ombudsman (This is the first time I’ve encountered the PNP demanding such documents. Why is the CIDG the one investigating these matters? Isn’t it supposed to be the Ombudsman)?” he said.
Meanwhile, Professor Ela Atienza, University of the Philippines professor of Political Science Department, said the DILG and PNP should be fair in investigating corruption cases against LGUs.
“Usually, Ombudsman talaga ang may kapangyarihan para mag-subpoena, mag-investigate. Ang sinasabi nilang dahilan kung bakit binigyan ng kapangyarihan itong CIDG to subpoena personnel sa local government para raw matulungan ang Ombudsman at saka yung prosecutors. Usually kasi sa prosecutors, ang nagiging problema kulang sila sa impormasyon. Hindi nila nakukuha lahat. Hindi naman mawawala ang usual process sa investigation paggamit ng Ombudsman pero tutulungan ng DILG through CIDG,” Atienza said.
“Ang iba ang fear nila, malapit na kase ang eleksiyon. So yung timing din ng mga pagkakaroon ng investigation, kase ang nangyayari dati may mga instances na ang mga tatakbo, tumatakbo o kaya mga opposition na mayors at governors, minsan, nagagamit ang DILG para gipitin sila,” he added.
But Malaya explained that part of the “Bantay Corruption” program of the DILG is to investigate the cases with the help of the of the Philippine National Police.
“Ang Philippine National Police, ay parte ng DILG. It’s an agency of the Department of Local and Interior Government so minabuti namin na ibigay sa ahensiyang may authority at the same time, may karanasang mag-imbestiga, ‘yun na nga ‘yung PNP, at ang PNP naman, ibinigay sa CIDG,” he said.
The DILG has endorsed around 300 cases to the PNP-CIDG for investigation. A total of 37 LGU accountants or representatives were subpoenaed using subpoena powers of the CIDG.
“Ang lahat ng makakalap nating imbestigasyon ay ipo-forward po namin sa Ombudsman ‘yan. At imbes na ang Ombudsman ang mag-imbestiga, ang kanilang field investigation office, na punong-puno po ng trabaho ‘yan kaya ang tagal umusad ang kaso. We will forward all the evidences that we have acquired,” Malaya said.
He, however, that the DILG will not release of the LGUS concerned because this would be “unfair,” as the election season has started.
“It would also be unfair, na nasa investigation stage pa lang, we are already crucifying these mayors. Filing na ng COCs ngayon, baka sabihin, pakana ng kalaban.Which is why, number one, ayaw naming ilabas ang pangalan because sasabihin talaga yan, witchhunting yan,” Malaya said.
The DILG official said most of the complaints were about officials who had failed to disclose properties or business interests in their SALN. If proven, officials may be charged with serious dishonesty or neglect of duty.
Also on the list of complaints were incidents of the no bidding or irregular bidding, where violators face conduct prejudicial to the best interest of the service and grave misconduct. The list also includes are LGU projects that were not consulted or approved by the Sanggunian.
“Sa requirements kasi, all contracts, all projects will have to go through Sanggunian approval. Ang ganiyang kaso ay grave misconduct ‘yan,” Malaya said.
Also in the list is related to the release of public funds, like illegal disbursement or diversion of public funds for another purpose, while another is unliquidated cash and sixth is nepotism.
Malaya said it is the job of the DILG to go against corrupt LGUs, election time or not.
“Just because parating na ang eleksiyon eh hindi kami mag-iimbestiga. Tungkulin po natin yan na aksiyunan ang reklamo ng ating mga kababayan. And if the public officials concerned did not do anything wrong, ano po ang ikinakatakot nila? All of these things na sina-subpoena ng CIDG, these are technically public documents issued in the performance of duty, so ibigay po nila sa CIDG ang mga dokumento para po mapatunayan na wala nga silang sala kung yun nga ang kanilang sinasabi,” he said.
PNP chief Oscar Albayalde, meanwhile, said the PNP is helping the DILG investigate corruption being done in the LGUs.
“This is part of the anti-corruption drive of the Interior and Local Government, this part of the investigation and verification being conducted by the DILG, not by the PNP,” he said.
“The CIDG as the investigative unit ay ginagamit for investigation for anti-corruption drive, isa sa battle cry ng ating pangulo ‘yan, anti illegal drugs at anti-corruption at anti-crime,” he added.