Marinduque gov suspension pushed
OMBUDSMAN Conchita Carpio-Morales has been asked to petition the Sandiganbayan for the suspension of Marinduque Gov. Carmencita O. Reyes on two criminal cases involving P5 million filed in 2011 in connection with the P728 million fertilizer fund released by the government in 2004.
In a letter sent to Morales, the Marinduque Reform Movement (MRM) said the two criminal cases against Reyes were docketed as SB11CRM0113 and SB11CRM0100 filed on March 18, 2011 by Aleu A. Amante, head of the special Ombudsman panel that investigated the fertilizer fund irregularities.
Jose V. Andres, head of MRM, said that Reyes was charged with illegal use of public funds and malversation, and violations of the Anti-Graft and Corrupt Practices Act.
But Andres said that despite the filing of the criminal complaints before the Sandiganbayan, the Office of the Ombudsman has not moved for the suspension of Reyes under the anti-graft law, Republic Act No. 3019, or acted to have the cases set for hearing.
He said that RA 3019 provides that “any incumbent public officer against whom any criminal prosecution under a valid information under this Act… pending in court, shall be suspended from office.”
“What is perceived by us is that your (Morales’) office has not made earnest efforts to ask for the suspension of Governor Reyes because she is a member of the Liberal Party and since you were appointed by President Benigno Aquino III who is the titular head of the Liberal Party, then you are protecting Governor Reyes. It appears to us that you are biased in favor of Governor Reyes and this is double standard on your part as you are only aggressive when you prosecute people who are perceived to be opponents of President Aquino,” Andres said in his letter to Morales.
He said that he would not like to believe that “you (Ombudsman Morales) are biased in favor of the Liberal Party, like Governor Reyes, just because President Aquino appointed you.”
According to Andres, the first criminal case against Reyes involves “the diversion/conversion of the amount of P5 million which forms part of the P728 million fertilizer fund released by the Department of Budget and Management.”
“The diversion/conversion is from the intended purchase of fertilizer to the purchase of one shredding machine, one unit Hammermill/shifter, one unit Pelletizer and one unit Tornado British Chipper/Shredder from LCV Design and Fabrication Corp. which equipment purchase was not in accordance with the purpose for which the fund was appropriated,” he said.
He also said in his letter that Governor Reyes was also charged with violation of Section (e) of RA 3019 because “the award of the purchase of the machines for P5 million was without the conduct of public bidding as the supplier is not the exclusive distributor of said equipment.”
Both criminal cases against Reyes “were filed on March 18, 2011 and after two years and six months… your office has not initiated or filed a motion to set the two cases for hearing on the validity of the two informations (criminal charge sheets) for the purpose of suspending Governor Reyes under RA 3019,” he added.
In a letter sent to Morales, the Marinduque Reform Movement (MRM) said the two criminal cases against Reyes were docketed as SB11CRM0113 and SB11CRM0100 filed on March 18, 2011 by Aleu A. Amante, head of the special Ombudsman panel that investigated the fertilizer fund irregularities.
Jose V. Andres, head of MRM, said that Reyes was charged with illegal use of public funds and malversation, and violations of the Anti-Graft and Corrupt Practices Act.
But Andres said that despite the filing of the criminal complaints before the Sandiganbayan, the Office of the Ombudsman has not moved for the suspension of Reyes under the anti-graft law, Republic Act No. 3019, or acted to have the cases set for hearing.
He said that RA 3019 provides that “any incumbent public officer against whom any criminal prosecution under a valid information under this Act… pending in court, shall be suspended from office.”
“What is perceived by us is that your (Morales’) office has not made earnest efforts to ask for the suspension of Governor Reyes because she is a member of the Liberal Party and since you were appointed by President Benigno Aquino III who is the titular head of the Liberal Party, then you are protecting Governor Reyes. It appears to us that you are biased in favor of Governor Reyes and this is double standard on your part as you are only aggressive when you prosecute people who are perceived to be opponents of President Aquino,” Andres said in his letter to Morales.
He said that he would not like to believe that “you (Ombudsman Morales) are biased in favor of the Liberal Party, like Governor Reyes, just because President Aquino appointed you.”
According to Andres, the first criminal case against Reyes involves “the diversion/conversion of the amount of P5 million which forms part of the P728 million fertilizer fund released by the Department of Budget and Management.”
“The diversion/conversion is from the intended purchase of fertilizer to the purchase of one shredding machine, one unit Hammermill/shifter, one unit Pelletizer and one unit Tornado British Chipper/Shredder from LCV Design and Fabrication Corp. which equipment purchase was not in accordance with the purpose for which the fund was appropriated,” he said.
He also said in his letter that Governor Reyes was also charged with violation of Section (e) of RA 3019 because “the award of the purchase of the machines for P5 million was without the conduct of public bidding as the supplier is not the exclusive distributor of said equipment.”
Both criminal cases against Reyes “were filed on March 18, 2011 and after two years and six months… your office has not initiated or filed a motion to set the two cases for hearing on the validity of the two informations (criminal charge sheets) for the purpose of suspending Governor Reyes under RA 3019,” he added.
