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Thursday, March 04, 2004
Ombudsman okays graft rap v. Tuanda
By Jimmy P. Abayon
* Associate graft investigator Eduardo Kangleon said the elements of the offense were committed when the public officers committed the prohibited acts during the performance of their official duties or in relation to their public position and that they caused undue injury to the government
THE Ombudsman in the Visayas recommended the filing of a criminal case against former mayors Reynaldo V. Tuanda Sr. and Reynaldo C. Tuanda Jr. of Jimalalud, Negros Oriental, for violating the provisions of Republic Act. No. 3019 on the commission of prohibited acts.
The recommendation followed the complaint filed by the elder Tuanda's brother-in-law Manolo Cordova alleging that the younger Tuanda used a government vehicle for the family during his term as mayor of Jimalalud.
In another complaint, Cordova alleged that the two former mayors claimed representation and traveling allowance when they used government vehicles for their personal use in commuting to and from Jimalalud and Dumaguete City.
The complainant said Tuanda used the Kia Besta donated by the Philippine Charity Sweepstakes to commute from Jimalalud to Dumaguete City and back.
He said the vehicle was repainted and the lettering "Philippine Charity Sweepstakes Office" and "Ambulance" were erased.
Citing documents submitted by Jimalalud municipal accountant Laluz Estorco, associate graft investigator Eduardo Kangleon, in his five-page evaluation report, said the two former mayors indeed received their Rata while using the government vehicles during their incumbency.
Moreover, the graft official said Jimalalud municipal treasurer Juliet de Guzman informed the Ombudsman that her office has no record on file of any trip ticket in the use of government vehicles by the two former officials.
"The alleged acts and omission are indicative of the fact that Mayors Tuanda, Sr. and Tuanda Jr. may have possibly violated the provisions of Section 3 (e) of Republic Act No. 3019," Kangleon said.
He said the elements of the offense were committed when the said public officers committed the prohibited acts during the performance of their official duties or in relation to their public position and that they caused undue injury to the government.
"By using the Kia Besta ambulance for personal purposes, the people of Jimalalud suffered undue injury," the graft investigator said.
Kangleon added that whether the disbursement vouchers and Cordova's testimony are sufficient to comply with the standard of a prima facie case against the two former mayors, the authority to determine the standard rests on the graft investigation and prosecution officer.
(February 22, 2004 issue)
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