PLO head on graft raps vs. Tupas, et al:
'What falsification? What usurpation?'

By Florence F. Hibionada

Iloilo Governor Niel Tupas Sr. and three other top Capitol executives have already filed their answers to the criminal and administrative charges filed against them by People's Graftwatch of Iloilo.

The anti-graft group earlier filed a complaint against the governor, Board Member Cecilia Capadosa, Budget Officer Elena Lim and Executive Assistant II Levy Buenavista for malversation of public funds, usurpation of official function and violation of section three, paragraph (b) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which prohibits officials from “directly or indirectly requesting or receiving any gift, present, share, percentage or benefit for himself or for any other person in connection with any contract or transaction between the Government and any other party wherein the public officer in his official capacity has to intervene under the law.”

What the governor did was within the bounds of the law, Provincial Legal Officer lawyer Salvador Cabaluna countered.

Tupas, Cabaluna pointed out, was authorized by the Sanggunian Panlalawigan when he implemented the releases under the Capitol's Annual Investment Plan (AIP) and the Annual Development Plan (ADP).

“The main subject of the complaint is the 20% development fund as part of the Intenal Revenue Allotment (IRA),” Cabaluna explained, “while there was, back in 1999, a Department of Interior and Local Government memorandum prohibiting the use of such for training and seminars, under the Arroyo administration it has been repealed. This, for as long as the releases have been identified in the 20% development fund. Full authority has been granted to the local government unit to identify the programs.”

Cabaluna also said the amount in question was released to the Provincial Board Members' League of the Philippines (PBMLP) of which Capadosa has been elected as league treasurer.

The PBMLP, he clarified, is one of the organizations duly recognized by the Iloilo Provincial Government and enjoys the financial assistance and grant from the governor for projects deemed beneficial to the league.

“The documents and vouchers are there to prove that proper accounting (process)was followed, and on the matter of Mr. Buenavista's co-signing of the check that had him charged for usurpation, there is also a standing Executive Order authorizing him to do so for any amount less than P50,000. So again, what falsification? What usurpation?,” Cabaluna asked.

Tupas stands as principal respondent in Ombudsman cases docketed as OMB-V-C-05-0135-D and OMB-V-A-05-0138-D for malversation of public funds through falsification of public documents.

Other respondent-officials are Board Member Cecilia Capadosa, Budget Officer Elena Lim and Executive Assistant II Levy Buenavista who was charged for usurpation of official function.

To note, the Office of the Ombudsman for Visayas issued an order calling for the Capitol officials to explain their side, adding that “motion to dismiss, motion for bill particulars and similar dilatory motions are prohibited pleadings and shall be stricken off the record of the case.”

The anti-graft body has since maintained that it has found enough basis to proceed with the criminal and administrative cases as filed by the People's Graftwatch with the Ombudsman order signed by Director Edgardo Canton in behalf of Primo Miro, Deputy Ombudsman for the Visayas.