Ombudsman indicts former Maguindanao mayor for graft

MANILA, Philippines – The Office of the Ombudsman on Thursday, January 25, announced it had indicted Datu Umbra Dilangalen Al Hadj, the former mayor of Northern Kabuntalan, Maguindanao, for violating the Anti-Graft and Corrupt Practices Act following the anomalous procurement of a water project in the municipality in 2011.

The investigation said the respondents, which include Municipal Accountant Rahima Ali and Municipal Treasurer Kabiba Mael, received P5 million in 2011 for the construction of the municipality’s small water impounding project. 

Based on the procurement documents, the Bids and Awards Committee (BAC) conducted its pre-bid conference on November 21, 2011. This was two days before the opening of bids scheduled on November 23, 2011.

The respondents also paid the contractor, FFJJ Construction, in full even though the project was not completed.

The Ombudsman said “the attending circumstances show that respondents Dilangalen, Mael and Ali acted with manifest partiality, evident bad faith or gross inexcusable negligence and gave unwarranted benefits, advantage, or preference to FFJJ Construction when they signed the disbursement vouchers, thereby causing the first and final payment for the SWIP. At no time should full payment be made prior to the completion of the project, which is what happened in this case.” 

A related case saw respondents Ali and Mael guilty of grave misconduct. They were ordered dismissed from service. Additional penalties were the cancellation of eligibility, the forfeiture of retirement benefits, the perpetual disqualification from holding public office, and a barring from taking civil service examinations.

The Ombudsman also found BAC Chairperson Teng Ungkakay and BAC members Basser Macarimbang and Averose Savidra guilty of Simple Misconduct. They were given a 3-month suspension for non-compliance with Section 22 of Republic Act No. 9184 (Government Procurement Reform Act), requiring a pre-bid conference to be held at least 12 days before the deadline for the submission and receipt of bids.

The Decision added that in case of separation from the service, the penalty of dismissal from the service could be turned into a fine equivalent to respondents’ salary for one year. In the case of the respondents who were ordered suspended, this applied to 3 months’ salary. – Rappler.com