'Measly' P20T, P65T deals caused dismissal of Tupas, 2 allies
It was not the questioned construction of the multi-million (at least P420 million as of last count) Capitol building nor the P6.2 billion new Iloilo airport. It was not even the P70 million new Iloilo Rehabilitation Center (IRC) or millions more in disallowed meals, bills and purchases but the "measly" P20,000 and P65,000 that did it for dismissed governor Niel Tupas and top allies, Board Members Cecilia Capadosa (Second District) and Domingo Oso (Fourth District).
All found guilty for grave misconduct, the ax fell on Tupas and Capadosa twice with two cases decided that both meted them the penalty of dismissal from the service "with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification to hold public office."
Board Member Oso on the other hand was likewise ordered dismissed and similar accessory penalties alongside the fine of P65,000.
Yet the amount was not really the factor, Tanodbayan Merceditas Gutierrez in her Decision averred. The evidence against the trio was the use of said fund earlier intended for the province's identified development projects. With the amounts taken from the Community Direct Action Project (CDAP), the Anti-Graft body stressed that use of such should be consistent with the development direction and priority thrust as embodied in the approved Annual Investment Plan (AIP).
"Clearly, there is nothing in the various projects listed that would even remotely suggest that financial assistance for trainings and seminars of various leagues are to be included therein," excerpts of the Decision went as it continued to state that not even Tupas' claim of discretionary action be upheld.
"While the Local Government Code allows the formation of leagues and federations for Sangguniang Panlalawigan Members pursuant to Section 508 of the Local Government Code, the local government unit nevertheless cannot disburse public funds to these organizations except if there is a valid appropriation for this purpose and subject to the availability of funds," the Decision added. "Records of this case however glaringly show that there were no appropriations made for the financial assistance of the Provincial Board Members League of the Philippines (PBMLP) or the Provincial Board Members."
Similar contention in yet another decided Ombudsman Case docketed as OMB-V-A-05-0101-C filed by Monsignor Meliton Oso and the People's Graftwatch of Iloilo. Interestingly enough, this particular case caused the dismissal of the complainant-priest's brother, Board Member Oso.
"Clearly, respondents in order to malverse the sum of P65,000 conspired by using the alleged trainings and seminars of the PBMLP in order to justify the release of the public funds," the Decision stated.
Both Ombudsman Decisions further directed Secretary Ronaldo Puno of the Department of Interior and Local Government (DILG) to implement such "upon receipt and to forthwith inform this Office of compliance herewith."