Fertilizer scam. Basta alalahanin ang 2008 COA at Ombudsman report na ito matapos ang Senate inquiry

Galing sa abs-cbnNEWS.com, Newsbreak

 "...it was a scam, the Ombudman is finally acting on the P732-million fertilizer scam that could drag almost half of the entire Congress to the mess.

For starters, four House members, two of them still incumbent, have been recommended for indictment for their participation and collusion in the fertilizer fund mess, which was released shortly before the campaign in the 2004 national and local elections.

A Senate inquiry has found that the money was diverted to Malacanang allies for election purposes. Indicted are Quezon City Rep. Nanette Daza, Marinduque Rep. Carmencita Reyes, former Batangas Rep. now Lipa City Mayor Oscar Gozos and former Malabon-Navotas Rep. Federico Sandoval for illegal use of public funds or technical malversation.

In a report dated 9 July 2008 but released only today (Nov. 10), they were found by the Ombudsman’s Field Investigation Office (FIO) to have misused the funds allocated them under the Ginintuang Masaganang Ani (GMA) program in 2004.

COA report (in 2008)

Based on the FIO report, Daza, Sandoval and Gozos received P3 million each from the fertilizer fund while (Carmencita) Reyes got five million.  The money was supposedly used in purchasing shredding machines and other implements.

But the Commission on Audit noted that the machines were not among the list of farm implements provided for in the GMA program. The shredding machines were all purchased from LCV Design and Fabrication Corp by the agriculture department’s Regional Field Unit IV through direct contracting, where no elaborate bidding is required as the supplier is simply asked to submit a quotation.

As a result, COA found out there was an overprice amounting to P2.75 million. “Moreover, when the COA inspected the equipment, it found out that eight of the 14 implements were not functioning.”

In indicting Daza, Sandoval, Gozos and Reyes, the FIO report said the questionable transactions were facilitated with their letter of endorsements to the DA’s regional executive director. “This clearly shows that the named public officials had a direct hand in the questioned transaction,” the report said.

The report also pointed to irregularities in the liquidation of the amounts paid to LVC which the House members did not properly observe. As such, “the whole procurement process was tainted with serious irregularities which could not have been done without the collusion between and among the public officials/employees and supplier concerned.”

The FIO report was submitted by graft investigation officer Eugenio Ferrer and approved for preliminary investigation by Assistant Special Prosecutor Caesar Asuncion.

Group seeks Marinduque gov's suspension for graft

Group seeks Marinduque gov’s suspension for graft

• Written by  Benjamin B. Pulta 
• Monday, 16 September 2013 08:00

• The Daily Tribune

Ombudsman Conchita Carpio-Morales has been urged to ask the Sandiganbayan anti-graft court to suspend Marinduque Gov. Carmencita Reyes, a Liberal Party ally, on two criminal cases involving P5 million filed in 2011 in connection with the P728-million fertilizer fund scam released by the government nine years ago.

In a letter sent to Carpio-Morales, the Marinduque Reform Movement (MRM) said the two criminal cases against Reyes were filed on March 18, 2011 by Aleu Amante, head of the special Ombudsman panel that investigated the fertilizer fund irregularities.

Jose Andres, head of MRM, said that Reyes was charged with illegal use of public funds and malversation and violations of the Anti-Graft and Corrupt Practices Act.

Andres said that despite the filing of the criminal complaints before the Sandiganbayan, the Office of the Ombudsman has not moved for the suspension of Reyes under the anti-graft law, Republic Act 3019, or acted to have the cases set for hearing.

He said that RA 3019 provides that “any incumbent public officer against whom any criminal prosecution under a valid information under this act... pending in court, shall be suspended from office.”

“What is perceived by us is that your (Morales’) office has not made earnest efforts to ask for the suspension of Reyes because she is a member of the Liberal Party and since you were appointed by President Aquino who is the titular head of the Liberal Party, then you are protecting Reyes. It appears to us that you are biased in favor of Reyes and this is double standard on your part as you are only aggressive when you prosecute people who are perceived to be opponents of President Aquino,” Andres said in his letter to Morales.

He said that he would not like to believe that “you (Ombudsman Morales) are biased in favor of the Liberal Party, like Reyes, just because President Aquino appointed you.” The first criminal case against Reyes involves “the diversion/conversion of the amount of P5 million which forms part of the P728-million fertilizer fund released by the Department of Budget and Management.”

“The diversion/conversion is from the intended purchase of fertilizer to the purchase of one shredding machine, one unit Hammermill/shifter, one unit Pelletizer and one unit Tornado British Chipper/Shredder from LCV Design and Fabrication Corp. which equipment purchase was not in accordance with the purpose for which the fund was appropriated,” he said.

Andres also said in his letter that Reyes was also charged with violation of Section (e) of RA 3019 because “the award of the purchase of the machines for P5 million was without the conduct of public bidding as the supplier is not the exclusive distributor of said equipment.”

Both criminal cases against Reyes “were filed on March 18, 2011 and after two years and six months... your office has not initiated or filed a motion to set the two cases for hearing on the validity of the two informations (criminal charge sheets) for the purpose of suspending Reyes under RA 3019,” he added.