Detalye ng Kaso ni Carmencita O. Reyes sa SANDIGANBAYAN, Basahi

"committing the offense in relation to their office, taking advantage of their official positions, conspiring, confederating and mutually helping one another..."

"willfully, unlawfully and feloniously allow/cause the diversion/conversion of the said P5,000,000.00 fertilizer funds..."

"there is sufficient ground to engender a well-founded belief that the crime charged has been committed..." 

Republic of the Philippines

SANDIGANBAYAN

Quezon City

PEOPLE OF THE PHILIPPINES,, Plaintiff vs CARMENCITA O. REYES, Former Governor, Marinduque now Representative, Marinduque

ET AL

Criminal Case No. SB11CRMO113

For: Illegal Use of Public Funds/Technical Malversation

INFORMATION

The undersigned Graft Investigation and Prosecution Officers, Office of the Ombudsman, and members of the Special Panel, per Office Order Nos. 105 and 253, series of 2008 and 2010, hereby accuse CARMENCITA O. REYES, (et al), of Illegal Use of Public Funds/Technical Malversation, defined and penalized under Article 220 of the Revised penal Code, committed as follows:

That from the period covering 30 April to 08 December 2004, or for sometime prior or subsequent thereto in Quezon City, Philippines, and within the jurisdiction of this Honorable Court, accused CARMENCITA O. REYES, a high ranking public officer being then the Governor and now the Representative of the Province of Marinduque,  (and others), respectively, and as such is responsible / accountable for the P5,000,000,000.00 which they received from DA Central Office by reason of their office, which amount is part of the P728 Million Fertilizer Fund released by the Department of Budget and Management to the Department of Agriculture under SARO No. E-04-00164 dated February 3, 2004 and allocated by Republic Act No. 8435 otherwise known as the “Agricultural and Fisheries Modernization Act (AFMA) for the purchase of fertilizer by the identified beneficiaries/proponent in different regions of the country in line with the “Ginintuang Masaganang Ani program” of the Department of Agriculture, while in the performance of their official functions and committing the offense in relation to their office, taking advantage of their official positions, conspiring, confederating and mutually helping one another, either by awarding the transaction to LCV Design and Fabrication Corporation through Bids and Awards Committee Resolution No. 290, dated 30 April 2004, signing, certifying, or approving, Purchase Request 119-01, dated 05 May 2004, Disbursement Voucher Nos. 2004-07-2941, dated 30 July 2004, and 2004-12-6056, dated 08 December 2004, and Check Nos. 270843-CL, dated 30 July 2004, or accepting the items delivered by LCV Design and Fabrication Corporation, did then and there willfully, unlawfully and feloniously allow/cause the diversion/conversion of the said P5,000,000.00 fertilizer funds for the purpose for which was intended , i.e. purchase of fertilizer, by purchasing, upon request/inducement of accused Reyes, and in fact she received, one (1) unit Shredding Machine, one (1) unit Hammermill/Shifter, one (1) unit Pelletizer and one (1) unit Ternade British Chioper/Shredder from LCV Design and Fabrication Corporation, without the benefit of public bidding and knowing fully well that the equipment purchase was not in accordance with the purpose for which the fund was appropriated under Republic Act No. 8435, to the damage and prejudice of the government in the aforementioned amount.

CONTRARY TO LAW

Quezon City Philippines, 18 March  2011.

SPECIAL PANEL

Per Office order No. 105, Series of 2008.

(Signed)

ALEU A. AMANTE

Graft Investigation and Prosecution Officer III, Acting Director/Panel Chairman, MCLE Compliance No. III-0005931 Dated November 6, 2009.

Members:

(Signed)

BONIFACIO G. MANDRILLA

Graft Investigation and Prosecution Officer II, MCLE Compliance No. III-0002574, Dated March 10, 2009.

(Signed)

ARMANDO S. SANCHEZ, JR.

Graft Investigation & Prosecution Officer III, MCLE Compliance No III-0005997, Dated June 6, 2009.

(Signed)

MA. CONCEPCION A. BILLONES

Graft Investigation and Prosecution Officer I, MCLE Compliance No. III-0004960, Dated October 5, 2009.

Bail Bond Recommended: P30,000,000.00 each.

Witnesses:

1.       Eugenio G. Ferrer, Associate Graft Investigation Officer I

2.       Flerida A. Jimenez, State Auditor V

3.       Emma T. Regino, State Auditor III

4.       Marina Casanova, State Auditor III

5.       Erlinda M. Adams, State Auditor II

6.       Agnes Luistro, State Auditor I

7.       Valentin P. Acasio, Senior TAS

8.       And others.

CERTIFICATION

This is to certify that a preliminary investigation has been conducted on this case, that there is sufficient ground to engender a well-founded belief that the crime charged has been committed; and that the accused is probably guilty thereof.

Quezon City, Philippines, 18 March 2011.

ALEU A. AMANTE

Panel Chairman

Subscribed and Sworn to before me this 14^th day of APRIL 2011 at Quezon City, Philippines.

(Signed)
Administering Officer

APPROVED:

MA. MERCEDITAS N. GUTIERREZ, Ombudsman

(The Ombudsman inhibited in this case (Per Memorandum dated April 12, 2011)

APPROVED:

(Signed)

OPRLANDO C. CASIMIRO

Overall Deputy Ombudsman

April 14, 2011.