Tuesday, September 20, 2005
Ombud: Where is the P26.5M?
By Karlon N. Rama
Sun.Star Staff Reporter
Where is the P26.5-million in development assistance funds that Rep. Clavel Asas-Martinez allegedly diverted to a personal bank account by using as conduit the Girl Scouts of the Philippines (GSP) Cebu Council?
The anti-graft office wants to find out because, as far as their investigation is concerned, Martinez still has the money, released in three separate dates, after depositing it into her bank account on June 14, 2002, Sept. 19, 2002 and Sept. 23, 2003.
Bogo Mayor Celestino “Tining” Martinez III, the congresswoman’s son, begged off from commenting when interviewed last night. He is still to speak with his mother, who is still in the United States but is scheduled to return within the week.
“We also would like to wait until we receive our copy of the ombudsman order,” he said.
Aside from the three charges for malversation of public funds, the congresswoman and eight other co-respondents — Mayor Martinez, Bogo municipal officials Rhett Minguez and Cresencio Verdida, together with the GSP’s Paz Radaza, Alejandrita Meca, Rhoda-riza Kilantang, Julieta Quiño and Martinez’s daughter, Ma. Cielo — will face as many counts of anti-graft law violations.
Ombudsman Director Virginia Palanca-Santiago said the malversation charge deals with Marti-nez’s alleged act of taking the money, while the graft charges focus on the damage caused to the government because of the loss.
Answer charges
Section 3 (e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, penalizes officials for “causing any undue injury to any party, including the government.”
“Intent is immaterial. The mere fact that she was in possession of the money that was not intended for her to begin with is sufficient,” said Santiago in an interview yesterday.
Martinez, who has not been available for an interview, will be asked to formally answer all charges through a counter-affidavit.
The charges against Martinez stemmed from Santiago’s fact-finding inquiry on how Martinez, allegedly on three occasions between June 2002 and October 2003, took out a total of P26.5 million from her Priority Development Assistance Fund (PDAF) and deposited it in her personal account in a bank in Pasay City.
Under the rules, legislators do not directly hold or handle money coming from their Priority PDAF. They only identify projects and beneficiaries of their pork barrel funds.
In a news conference in April 2004, Martinez had said it is usual for the PDAF to go through a local government as a conduit before it is given to the intended recipient.
She had also said the money was really mostly intended for Bogo while a small part was meant for GSP Cebu’s operations.
At the Capitol, consultant Pablo John Garcia said politics is not a defense, as he urged Martinez to confront the issue squarely.
Santiago, in her final evaluation report, said the transfer was made convenient by Martinez’s incumbency as head of the GSP council at that time and the assistance of her daughter, Ma. Cielo, who was then the council’s treasurer.
The allegations, San-tiago said, were corroborated by a 12-page investigation report prepared by an ad hoc fact-finding committee formed by the GSP.
The Department of Budget and Management and the Commission on Audit also submitted documents.
3 releases
According to Santiago, the first two releases, worth P7.5 million each, were done on June 13 and Sept. 18, 2002. The third, worth P11.5 million, was made on Sept. 22, 2003.
The money, based on documentation, was for “development projects for the Municipality of Bogo,” including financing for the anti-drug campaign of the GSP.
Based on Santiago’s report, Meca appears as having requested Mayor Martinez for the release of the amount to the GSP.
Meca received the checks. The first was drawn from the Land Bank of the Philippines, worth P7.5 million, and received on June 13, 2002. The second check, also from Land Bank and worth P7.5 million, was received on Sept. 18, 2002. The third check, also from Land Bank and worth P11.5 million, was received on Sept. 17, 2003.
But on the same day the first check was received and deposited, records showed the withdrawal of P7.5 million and the GSP having issued its own LBP check, payable to cash, for P7.5 million. A voucher covered the withdrawal.
Deposits
Then, on the same day that the second check was received and deposited, records again showed the withdrawal of P7.5 million and the GSP having issued its own LBP check, payable this time to the name “Cong. Martinez.” An official voucher again covered this transaction.
On Oct. 20, 2003, over a month after the third check was received, records showed how P11.5 million was withdrawn from a Bank of the Philippine Islands savings account under the name of the GSP, via a withdrawal slip bearing the name of Ma. Cielo Martinez and Congresswoman Martinez.
“Our investigation ended where the money was returned to her,” Santiago said, referring to what happened during the last of the three transactions.
She said their evidence include a deposit slip showing the deposit of P10 million on Oct. 27, 2003 in a private bank account bearing her name. (With JPM)
(September 20, 2005 issue)
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