THE Office of the Ombudsman on Monday upheld the dismissal of five ex-officials of the National Commission on Muslim Filipinos for their complicity in the Priority Development Assistance Fund scam.
Ombudsman Conchita Carpio-Morales affirmed the dismissal and perpetual disqualification from public office of then secretary/commissioner Mehol Sadain, director III Galay Makalinggan, ex-acting chief accountant Fedelina Aldanese, ex-acting chief Aurora Aragon-Mabang and cashier Olga Galido for grave misconduct and conduct prejudicial to the best interest of the service.
“In case of separation from the service, the penalty is convertible to a fine equivalent to respondent’s one-year salary,” the resolution read.
The former NCMF officials are also facing trial before the Sandiganbayan for violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act for the anomalous utilization of the pork barrel fund of former Maguindanao representative Simeon Datumanong, who passed away in February 2017.
In May 2012, the Department of Budget and Management issued a special allotment release order covering P3,800,000 in favor of NCMF the livelihood programs of the towns of Mamasapano, Ampatuan and Datu Abdullah Sanki.
To facilitate the fund utilization, Datumanong requested the P3.8 million be coursed through the Maharlikang Lipi Foundation Inc.
Upon audit, the Commission on Audit found the selection of the non-government organization was undertaken in violation of CoA Circular No. 2007-01 noting the absence of public bidding in the NGO-selection process.
“Respondents miserably failed to measure up to the procurement policy standards when they failed to strictly comply with the Government Procurement Reform Act,” the Ombudsman said.
The Ombudsman also announced the conviction of ex-Amadeo mayor Albert Ambagan Jr. of Cavite for two counts of graft raps.
Ambagan was sentenced by the Sandiganbayan to imprisonment of six to 10 years for each count.
During the trial, the Ombudsman prosecutors proved Ambagan caused undue injury to the family of Simplicio Lumandas when he unlawfully caused the demolition of their ancestral home in February 2008 to give way to the development of Balite Falls as an ecotourism area.
“Effectively, the accused deprived the Lumandas family of the use and enjoyment of almost 7,000 square meters of their own property,” the Ombudsman’s statement read.
Witnesses testified that the former mayor threatened the complainant by saying “I am the mayor here.”
The anti-graft court said no expropriation proceeding was undertaken prior to the take-over of the properties in Barangay Halang.
“For a government entity to take such property, there must be an expropriation, purchase or any other form of agreement, consent or even tolerance from the owner. So, when the accused ordered the construction works on the properties of the complaining witnesses, there was evident bad faith in his actions because he knew that the municipality and the Philippine Tourism Authority did not possess any order of condemnation or any written agreement of consent for them to utilize the land.”
The Sandiganbayan said Ambagan decided to pursue the construction works “even though the appropriate consent of the owners was not yet secured. As a matter of fact, the accused was not able to present in Court, any document that shows that the complaining witnesses agreed to the construction works done on their property.”
