Counsel refutes graft raps vs NorCot governor

The legal counsel of North Cotabato Gov. Emmylou Taliño-Mendoza refuted the graft case filed by the Office of the Ombudsman for illegal procurement transaction in 2010.
This after the Office of the Ombudsman charged Taliño-Mendoza with three counts of violation of Section 3(e) of Republic Act No. 3019, or the “Anti-Graft and Corrupt Practices Act” on last Friday.
The charge was based on the legal provision “causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.”
The resolution showed that Mendoza approved the release of P2.4 million from the provincial funds to pay for 49,526.72 liters of diesel fuel used for one road grader and four dump trucks utilized during the two-day road rehabilitation projects.
“No public bidding was conducted for the procurement of the fuel. Instead, Mendoza directly contracted with the gas station owned by her mother,” the resolution said.
In a statement, lawyer Vincent Paul Montejo said the fuel was procured after going through bidding process as allowed under the Government Procurement Act and as recommended by the Bid and Awards Committee.
“Any accusation of partiality, preference or bias in favor of any gas station has no basis. What should be borne in mind is that Gov. Mendoza is not a member of the Bids and Awards Committee (BAC),” he said.
Montejo said Taliño-Mendoza “did not handpick or select any particular station as the province’s supplier for the P2.4 million fuels.
Montejo said the Ombudsman also ignored evidence that fuel was actually utilized for the province’s road projects.
“It is unfortunate there was a probable cause on the charges filed against her,” he said.
He, however, said Taliño-Mendoza remains confident that she will be able to address the case
Ombudsman Conchita Carpio Morales said, in a separate statement, “there was no compelling justification for dispensing with the requirement of public bidding.”
In the approved resolution released on Friday, the Ombudsman said that “the great disparity between the estimated 552 liters of diesel actually consumed for the two-day road maintenance project in Magpet vis-à-vis the 20,833 liters actually paid for, is proof that the fuel-purchase transaction is illegal and that this transaction is obviously a scheme to pocket government funds.”
The Ombudsman added that “[respondent] made it appear that the diesel fuel was procured and used in a government project when in truth, only a small portion of the fuel was actually used and the rest was converted to cash for the benefit of those who were involved in the fraudulent transaction.” (Armando B. Fenequito Jr. with PNA report)