Ombudsman elevates graft case vs Yogore, 6 others to Sandigan-A A +A
Saturday, July 12, 2014
THE Office of the Ombudsman-Visayas recommended the filing of the case for violation of the Anti-Graft and Corrupt Practices Act against Mayor Rommel Yogore of Valladolid, Negros Occidental and six others at the proper court after finding probable cause to indict them.
In the decision received Thursday by complainant broadcaster Larry Concepcion of radio station DYAF, Ombudsman Pelagio Apostol also recommended the filing of the case against Municipal Agriculturist Giovanni Robles, chairman of the Bids and Awards Committee, along with Municipal Engineer Joseph Alfonso Manayon, Municipal Registrar Ernesto Genobis, cashier Daisy Galve, accounting clerk Merlene Magbanua, and Jonie Nieve, a private individual and proprietor of JB Nieve Hardware and Construction Supply.
Records show Concepcion questioned the project called “Repair and Improvement of Rural Health Unit” of the town funded with the P250,000 amount grant from the Department of Health which was implemented without the benefit of a public bidding.
Yogore approved to procure the materials through alternative method of procurement after the resolution was made by the BAC on the request of municipal physician for the implementation of the project on December 16, 2008.
The municipal engineer then requested for the purchase of the materials for the said project through an undated purchase request that was approved by the mayor even though the allotment and obligation slip for the purchase request was not indicated.
On December 18, 2008, JB Nieve Hardware and Construction Supply, owned and operated by Jonie Nieve, the husband of Yogore's sister Maritess, delivered the materials requested for the said project which were inspected by Arnaldo Virgo and accepted by the municipal engineer. The delivery, inspection, and acceptance of materials for the said project were done even before the three quotations were obtained and prior to the award of the contract and the subsequent issuance of the purchase order.
In their counter-affidavit, Yogore and the five other municipal officials admitted that there was no public bidding conducted on the assailed procurement. They admitted having resorted to the alternative mode of procurement called shopping.
The Ombudsman decision stated that after evaluating the respective participation of each of the respondents, it finds respondents Yogore, Robles, Manayon, Genobis, Galve and Magbanua and Nieve to be criminally liable.
As to other respondents municipal accountant Cherryl Aguirre, treasurer Lilian Espanola and Arnaldo Virgo, the Ombudsman find the evidence insufficient to indict them for the crime charged as it appears their participations were done only in faithful compliance of their respective functions so the complaint filed against them is hereby dismissed.
Published in the Sun.Star Bacolod newspaper on July 12, 2014.