Was it a curious case of seal-dealing involving public funds?

A complaint was filed against J.R. Nereus O. Acosta, congressman representing the First District of Bukidnon, Socorro Acosta,  municipal mayor of  Manolo Fortich, Bukidnon, Nemia Bornidor, and Juan Acosta for several violations of the provisions of Republic Act 3019 (Anti-Graft and Corrupt Practices Act), as amended, and RA 6713 (Code of Conduct and Ethical Standards for Public Officials) committed as follows;

Section 3(h) of RA 3019, as amended,  prohibits public officials and employees from “directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes, or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.”

RA 6173 prohibits government officials from directly or indirectly having financial interest in any transaction in which they would intervene. This includes the mandate to maintain professionalism by endeavoring to “discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage” and that “they shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity”.          Under this RA, relatives refer to persons related within the fourth degree of consanguinity or affinity of the public official.

Docketed as “Fr. VENANCIO BALANSAG, JR., Et. Al, vs. Cong. Nereus Acosta, Et. Al,” the case was filed before the Office of the Ombudsman in Quezon City.

It was referred to the Office of the Ombudsman for Mindanao for investigation.

The Office of the Ombudsman for Mindano, in turn, ordered the Commission of Audit to conduct a financial audit of the matters alleged in the complaint.

The Special Audit Team submitted its findings and Jan. 2, 2006. The Office of the Ombudsman received the communication dated Dec. 5, 2005 signed by Atty. Celso L. Vocal.

The audit report submitted to the Office of the Ombudsman contained the endorsement of State Auditor V Teodoro A. Gales, which confirmed the finding of the special audit team that:“As regards BVPC, the public respondents did not program/implementation/release of financial assistance to Bukidnon Vegetable Producers Producers  Cooperative (BPVC) and painted by the fact that said organizations do not comply with the financial stability, among others as required by COA Circular No. 96-003 dated February 27, 1996 made the respondents accountable and liable for the transactions.”

He further recommended that: ‘In view of the foregoing facts and circumstances, this Office believes the existence of probable cause that the respondents violated the pertinent COA Rules aforementioned, Section 36 of the Philippine Constitution, Section 3(h) of R.A. 3019 known as the Anti-Graft and Corrupt Practices Act, Sec.7 (a) of R.A. 6173 known as the Code of Ethical Standard for Public Officials and prejudicial to the government in the conspiracy with the other respondents. It is recommended therefore that appropriate legal action be undertaken by the Regional Legal and Adjudication Office, COA Region X, Cagayan de Oro City and the Office of the Ombudsman to protect the interest of the government.”

The special audit team also executed a sworn joint affidavit dated Nov. 9,  2005 declaring that Congressman Acosta and Mayor Acosta did not show compliance with Section 36 of Local Government Code prior to the release of the PDAF funds in the amount of P5.5 million in favor of the Bukidnon Vegetable Producers Cooperative. This declaration was in support of their findings in the audit report, paragraph 2 of page 6 of which states that: “Perusal of the disbursement vouchers and supporting documents, and the replies to our Audit Observation Memoranda revealed that the release to BVPC of the PhP5,500,000.00 do not have the knowledge and approval of the Sangguniang Bayan of Manolo Fortich, Bukidnon as required in Section 36 of the Local Government Code.”.

The respondents answered that the charges against them are political in nature and that the complainants are allies of the administration.

The facts, however, rebut the allegations. The case was filed before the May 2004 elections.

The respondents, at that time, were part of the  Rainbow Coalition of then presidential candidate Benigno Aquino III (being members of the Liberal Party).

Thus, the present charges could not have been political political in nature. Moreover, the complainants are identified as being opposed to the re-election of  former president and now Pampanga Rep. Gloria Arroyo at that time.

This fact alone negates the political issue which the respondents seek to portray the present case against them.

It must also be noted that the complainants are upright advocates of truth and justice, beholden to no politicians either on the national or local level.

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Leave no one behind.

This basic Marine doctrine seems to be the barking orders of President Aquino to government fund managers in allotting P4.23 billion for its rice-subsidy program for farmer and fishermen  to augment their incomes during the lean months following a harvest season.

With this subsidy, President Aquino is giving importance to the welfare and interest of vulnerable sectors of society who are being affected seriously by the increasing prices of fuel due to the ongoing political conflicts in oil-rich nations.

The subsidy would be used to pay the farmers and fishermen wages in exchange for their services such as the preparation and cleaning of the farms to be used during the next planting season.

Earlier, the Aquino administration pushed job-generation programs such as the deployment of 10,000 registered nurses to poor barangays under the Department of Health’s Registered Nurses for Health Enhancement And Local Service program and the infrastructure-related Community-Based Employment Program  that are expected to provide one million jobs to build bridges, school buildings, and irrigation facilities.

Right now, the government is also accommodating 80,000 students in the ongoing summer-job program for students – the Special Program for Employment of Students.

Now, if this isn’t a big thing for the marginalized class, Ped Xing doesn’t know what to make of it.