The Office of the Ombudsman has dismissed from the service Mexico, Pampanga Mayor Teddy Tumang and three other officials for grave misconduct in connection with the alleged anomalous purchase of construction materials worth P8.66 million from March 2009 to February 2010.
The Ombudsman approved the filing of multiple counts of graft and malversation charges against Tumang and seven others, including the private supplier of the construction materials, with the Sandiganbayan.
In a 17-page consolidated decision, the Ombudsman found Tumang, municipal engineer and former bids and awards committee (BAC) vice chair Jesus Punzalan, administrative officer and former BAC member Luz Bondoc, and municipal accountant Perlita Lagman guilty of grave misconduct.
In a separate resolution, the Ombudsman authorized the filing of 41 counts of violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act through conspiracy against Tumang, BAC chair Marlon Maniacup, Punzalan, BAC members Lucila Agento, Bondoc and Romeo Razon, and private respondent William Colis, owner of Buyu Trading and Construction.
It also ordered the filing of another 23 counts of violation of RA 3019 and seven counts of violation of Article 217 of the Revised Penal Code against Tumang, Maniacup, Agento, Punzalan, Bondoc, Razon, Lagman and Colis.
“Based on the foregoing, there is no doubt that public respondents acted with manifest partiality, evident bad faith or gross inexcusable negligence, causing undue injury to the government and giving Buyu, through private respondent Colis, unwarranted benefits, advantage or preference in the procurement of base coarse and other materials,” the 27-page resolution read.
Graft investigators anchored their findings on a Commission on Audit report on the shortcomings in the Mexico municipal government’s purchase of base coarse and other construction materials intended for distribution to residents in various barangays.
The COA issued several notices of disallowance in 2013 against Tumang and other concerned municipal officials.
The Ombudsman said it found substantial evidence to hold Tumang and his co-respondents administratively liable for grave misconduct.
The respondents ignored established rules by approving the purchase of construction materials through an alternative “shopping” method despite clear absence of the conditions required by RA 9184 or the Government Procurement Reform Act, the resolution stated.
The Ombudsman noted that, in contrast, Lagman displayed “manifest partiality and evident bad faith” by endorsing the vouchers belatedly, after the associated checks had already been issued and funds disbursed to Buyu.
The subject transactions were allegedly awarded to Buyu despite its “questionable capacity” as a supplier.
“Therefore, based on the foregoing, respondents should be held administratively liable for Grave Misconduct which is defined as a transgression of some established and definite rule of action, more particularly unlawful behavior or gross negligence by a public officer, attended by the elements of corruption, clear intent to violate the law or flagrant disregard of established rules,” the Ombudsman resolution read.
The dismissal order carries the accessory penalties of cancellation of civil service eligibility, forfeiture of retirement benefits, perpetual disqualification to hold public office, and prohibition from taking civil service examinations.
The Ombudsman directed the Department of the Interior and Local Government to enforce the decision upon receipt and promptly report back on the actions taken.