PGI files usurpation, falsification raps at DOJ vs 2 top Tupas aides

By Florence F. Hibionada

Criminal complaints were filed anew by the People's Graftwatch of Iloilo (PGI) against two top aides of Governor Niel Tupas. The charges, usurpation of official functions and falsification of official documents were lodged by Graftwatch President, Monsignor Meliton Oso before the Department of Justice (DOJ).

Complainants were Graftwatch members, retired Judge Virgilio Sindico and lawyer, Heptie Correa with the respondents, Provincial Administrator Manuel Mejorada and Executive Assistant II, Levy Buenavista.

Addressed to Justice Secretary Raul Gonzalez Sr., the twin complaints called for the duo's preventive suspension and "speedy priority of deposition" on the matter.

"Considering that the annexes herein are official documents and are prima facie evidence of the facts therein stated and the date of its execution, they conclusively support the allegations underlying each acts of the respondents, more so, that Falsification and Usurpation are acts of dishonesty involving moral turpitude of public officials, it is respectfully prayed that Preventive Suspension be ordered considering the fact that their continued stay in office will endanger the preservation of the records (Annexes) as material evidence of their guilt, thus will prejudice this case and will resort to its dismissal defeating the cause of justice," excerpts of the Complaint obtained by The News Today stated.

Graftwatch in pushing for DOJ action submitted Capitol documents including Purchase Request No. Gov--03-26 dated February 19, 2003. Such as the complainants wrote, "Please take notice that the acquisition of supplies was already 72 days prior to the Purchase Request."

Another evidence of Graftwatch was Purchase Order No. EP-104 dated May 16, 2003.

"The specific acts of each and every respondents that would show conspiracy, collusion and unism in actions with one another calculated to commit and accomplish the crime/s complained," the Complaint continued.

" When respondent Manuel Mejorada affixed his signature as approving officer his position then was Executive Assistant II. As an assistant of an executive, he has no discretionary power to approve or disapprove. He only performs duties as directed. Herein, in Annex "E" he arrogated and approved the document which authority solely belongs to the Governor. In so doing, considering under the law this power cannot be delegated unto an assistant, he assumed (Mejorada) such function and therefore, unquestionably usurped the power belonging ony to Governor," the Graftwatch complaint explained on the first count of Usurpation of authority or official function charge.

"Respondent Levy Buenavista is equally liable for the same offense considering that he also certified as the correctness of the report as Department Head when in fact he was also an assistant only of the Executive Head," it continued. "That both respondents had usurped official function inone document, there is no other way to infer their common osteins other than they were in conspiracy with one another to the crime of usurpation."

The DOJ complaint carried two counts of usurpation raps and two counts as well of falsification against Buenavista.