The Sandiganbayan has convicted former Sulu governor Abdusakur Tan following his admission of non-filing of his Statements of Assets, Liabilities and Net Worth from 2007 to 2011.
During his arraignment at the Sandiganbayan Sixth Division on Thursday, Tan entered a guilty plea for five counts of alleged violation of Section 8 of the Code of Conduct and Ethical Standards for Public Officials and Employees.
The anti-graft court ordered Tan to pay a total fine of P25,000 as punishment for his case.
Tan was charged with five counts of violation of Section 8 of the Code of Conduct and Ethical Standards for Public Officials and Employees for allegedly “willfully, unlawfully and criminally fail[ed] to file under oath and/or submit to the Office of the Ombudsman” his SALNs from 2007 to 2011.
His son, Samier Tan, was charged with two counts of violating the Code of Conduct for his alleged failure to submit his SALNs for the years 2010 and 2011.
The law provides that failure to file a SALN is punishable by an imprisonment of five years at the maximum or P5,000 at the maximum, as well as possible disqualification from public office depending on the court’s discretion.
Meanwhile, the Ombudsman has indicted a mayor in Zamboanga del Sur for graft for the anomalous procurement of supplies from Barcelona spring farm worth P4,112,366.02.
The Ombudsman found probable cause to charge Margosatubig Mayor Roy Encallado for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act or Republic Act No. 3019 before the Sandiganbayan.
Included in the case were bids and awards committee chairman Arwin Alpha; committee members Alex Villarin, Elvira Emia, Andres Limatoc and Merlinda Ambaic; municipal accountant Eien Maning; national resource management focal person and municipal planning officer Ludivina Salazar, and inspection officer Pilar Locop.
In 2014, the municipality received a P5-million grant from the Department of Agriculture’s sustainable income-generating activity, a sub-project of the Mindanao Rural Development Program funded by the World Bank for the implementation of aquamarine farming projects.
The procurement was conducted without a public bidding.
On April 14, 2016, the Commission on Audit issued a notice of disallowance observing the irregularities in the unjustified resort to the alternative method of procurement agent; non-compliance with the requirement of posting the invitations to bid in the Philippine Government Electronic Procurement System, and non-imposition of warranty security prescribed under the Government Procurement Reform Act or Republic Act No. 9184.
As early as January 2015, the respondents paid the Barcelona spring farm even prior to completion of the delivery, inspection and acceptance of the supplies on Feb. 20, 2015.
On Jan. 6, 2016, the CoA conducted an ocular inspection of the project site and found that no fish cages were installed nor was there any delivery of fingerlings or fish feeds.
“By their glaring failure to comply with the provisions of R.A. No 9184, they gave unwarranted benefit, advantage or preference to Barcelona spring farm. Indeed, they awarded the procurement contract to it without the benefit of a fair system in determining the best possible price for the government,” the Ombudsman’s resolution read.
“The payments to Barcelona spring farm would not have been possible if not the concerted acts of respondent Encallado who approved the payments; respondent Maning who certified the documents as complete; respondents Salazar and Locop who signed the Inspection and acceptance report; respondent Alpha who signed the request for quotations; and respondents Villarin, Emia, Limatoc, and Amaic who signed the bids and awards committee’s resolutions recommending the use of negotiated procurement by way of a procurement agent and awarding the contracts to Barcelona spring farm.”
