Ombudsman files charges vs Razon
OMBUDSMAN Conchita Carpio Morales today ordered the filing of criminal charges against 23 Phil. National Police Officers (PNP) officials and several other private individuals before the Sandiganbayan for the anomalous repair and maintenance of 28 units of V-150 PNP Light Armored Vehicles (LAVs) for more than P400M in 2007.
In a 108-page Joint Resolution, Ombudsman Morales ordered the filing of four counts of charges for Violations of Sec. 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act); Sec. 65 (b) (4) of RA 9184 (The Government Procurement Reform Act); and Art. 217 in relation to Art. 171 (par. 4) of the Revised Penal Code (Malversation through Falsification) in relation to the purchase of 40 tires by the PNP against Teodorido Lapuz IV, Emmanuel Ojeda, Reuel Leverne Labrado, Annalee Forro, Edgar Paatan, Henry Duque and Victor Puddao, all member of the Logistics Supports Services – Bids and Awards Committee (LSS-BAC); Josefina Dumanew, Purchasing Officer; Antonio Retrato , Chief, Accounting Division; Warlito Tubon, Inspection Officer, (LSS); Geary Barias, former Director for Comptrollership; Alex Barameda, Property Inspector; Eulito Fuentes, Supply Accountable Officer; Rainier Espina, Acting Chief, PNP Management Division, all of the PNP; and private individual Oscar Madamba.
The Ombudsman also ordered the filing of the same charges against former PNP Chief Gen. Avelino Razon Jr; Lapuz, Ojeda, Labrado, Forro, Paatan, Puddao, Dumanew, Retrato, Tubon, Alfredo Lavina, Responsible Supply Police Non-Commissioned Officer of the LSS; NUP Maria Teresa Narcise, Property Inspector; former Director for Comptrollership Eliseo dela Paz; Fuentes, Victor Agarcio, Chief, TMD,LSS; Espina, Acting Chief Management Division; NUP Patricia Enaje, Property Inspector; and private individuals Harold Ong, Tyrone Ong, Pamela Pensotes, Evangeline Bais, and Artemio Zuniga; in relation to the repair and maintenance of the PNP’s 18 V-150 LAVs.
Also ordered charged for the same offenses were Razon; Reynaldo Varilla and Charlemagne Alejandrino, both of the NHQ-BAC; Lapuz, Ojeda, Labrado, Forro, Paatan, Puddao, Dumanew, Retrato, Tubon, Lavina, Barias, Barrameda, Fuentes, Espina, NUP Nancy Basallo, Property Inspector; Harold and Tyrone Ong, Pensotes, Bais, and Zuniga in relation to the repair and maintenance of the PNP’s 10 V-150 LAVs.
Moreover, Lapuz, Ojeda, Labrado, Forro, Paatan, Puddao, Dumanew, Retrato, dela Paz, Espina, Enaje, Basallo, Lavina, and private individuals Gigie Marpa, Marianne Jimenez, Rasita Zaballero, and Carmencita Salvador were ordered charged with the same offenses in relation to the disbursement and expenditure of the PNP’s transportation and delivery expenses corresponding to its V-150 Light Armored Vehicles.
Forro, Paatan, Duque, Dumanew, Barrameda,Espina, Enaje, Narcisem Basallo and Commission on Audit (COA) Supervising Auditor Jaime Serrano were also ordered dismissed from government service or the alternative penalty of fine equivalent to one year salary (if the penalty of dismissal can no longer be served) with forfeiture of all benefits and perpetual disqualification to hold public office.
On the other hand, COA Technical Audit Specialist Amor Quiambao was meted the penalty of six months suspension from the service without pay.
In its complaint, the Fact-Finding Investigation Bureau of the OMB’s Deputy Ombudsman for the Military and Other Law Enforcement Offices (FFIB-MOLEO) stated that on 14 Aug. 2007, then PNP Chief Dir. Gen. Oscar Calderon initiated the request for repair and refurbishing of 10 V-150 LAVs in connection with the PNP Special Action Force’s (SAF) capacity build-up program for P275,365,000. Subsequently however, Razon requested for a supplemental budget for the repair and refurbishing of remaining 18 LAVs.
The complaint alleged that there were irregularity in the “bidding process, awarding of contracts and utilization of funds intended for the repair/refurbishment of 28 V-150s of the PNP.”
The Joint Resolution stated that the “public respondents circumvented the provisions of RA 9184 to take private firms Serpenair, Enviro-Aire, Evans, RJP, Dex-Lan and RKGK Enterprises as the direct suppliers.” It also said the government suffered injury in the amount of P409,740,000, representing the cost of the highly irregular four transactions, and that the said companies were given unwarranted benefit, undue advantage or preference as the contracts were awarded to them despite non-compliance with law and without actual delivery of goods and services at the time of payment.
Morales however dismissed the cases filed against respondents Ray Roderos and Mario Sandiego of the PNP; Quiambao; and private individuals Mylene Belardo, Arnaldo Talens and Fred Salazar for Violations of Sec. 3(e) of RA 3019, Sec. 65 (b) (4) of RA 9184, and Art. 217 in relation to Art. 171 (par. 4) of the RPC; and against all the respondents for Violations of RA 7080 (Plunder) for lack of probable cause.