THE Office of the Ombudsman has dismissed the criminal complaint for violation of Anti-Graft and Corrupt Practices Act against Silay City Mayor Jose Montelibano and three other department heads of the Silay City government.
In her decision dated March 10, 2015 Ombudsman Conchita Carpio- Morales also dismissed the case filed against Silay City Administrator Ignacio Salmingo, City Budget Officer Ramon Dumancas and General Services Officer Dela Ledesma.
The case was filed by Jose Lindy Chan, Luis Gamboa and Jojo Sumiller pertaining to the purchase of 20,000 liters of diesel fuel for all government vehicles of Silay City on July 2, 2007.
The complainants alleged that the purchase of diesel fuel through direct contracting does not fall under any of the conditions set forth by Section 20 of Republic Act No. 9184 and that an alleged overpricing was committed by the city government.
In its decision, the Ombudsman said that the city government did not suffer undue injury in items of financial and that the price of the purchased diesel fuel were justified due to the delivery cost, cost of money and cost for EVAT (expanded value added tax) which are authorized under the existing GPPB guidelines which maybe added to prevailing prices on cash basis.