Tupas faces graft raps anew

By Erly C. Garcia

The Peoples Graftwatch of Iloilo Inc. has criminally charged Governor Niel D. Tupas , Sr. before the Office of the Ombudsman Visayas for violation of Republic Act 3019 otherwise known as Anti-Graft and Corrupt Practices Act.

Also named respondents in the case were Board Member Cecilia Capadosa and Lilia Gonzales, president of the Philippine Councilors League-Iloilo Chapter.

The case stemmed from the alleged predetermined acts by the governor that led to the purchase of the lot owned by Gonzales in Brgy . Nanga , Pototan , Iloilo to be the site of the new Iloilo Rehabilation Center .

The criminal complaint dated January 28, 2005 signed by Graftwatch members Virgilio Sindico , a retired judge, and lawyer Hyptie Correa states that the purchase of the 15-hectare lot owned by Gonzales for 6 million pesos violated section 3 of R.A. 3019 as amended by R.A. 3047.

Section 3 prohibits government officials from “causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident good faith gross inexcusable negligence.”

The complaint alleged that in asking for Supplemental Budget No. 1 amounting to P6 ,185,000.00 on March 3, 2003 , Governor Tupas already intended to use it to buy the lot owned by Gonzales.

Documents showed that Gonzales offered to sell her 15-hectare property at 40 pesos per square meter, which equals to 6 million pesos, only on December 11, 2003 or nine months after the approval of the Supplemental Budget.

Seven months before Gonzales' offer to sell Tupas in behalf of the province of Iloilo already entered into a Deed of Absolute Sale with the former on April 30, 2003 for 5 million pesos.

Documents showed that the one million pesos was retained for the payment of taxes.

However, the complainants said that based on documents they have gathered, of the one million pesos retained only P880,767.70 was spent for the payment of taxes.

It was not known where the balance of P119 ,232.20 went.

The complainants surmised that the said money could have been appropriated by individuals involved in the transaction unto themselves , as there were no documents to show where the money went.

Complainants said the act constituted bribery.

Capadosa was included in the criminal complaint being the witness in the Deed of Sale that was inherently illegal.

Complainants prayed that their criminal complaint be given priority even as they asked for the preventive suspension of Tupas while the case is being investigated so the governor could not influence the cases filed against him.