CAGAYAN DE ORO, Philippines – The chairman of an ad hoc committee created by the city council to investigate the distribution of P767.8 million in cash aid to poor families during the worst months of the COVID-19 pandemic reported fraud in the program’s implementation in 2021.

But much to the frustration of his peers, Councilor James Judith, the committee’s chairman, refused to identify the former officials responsible for the alleged anomaly before the city council on Monday, February 27, when he delivered a special report and submitted a copy of the findings.

Judith later named the former officials over Magnum Radio on Tuesday morning as ex-mayor Oscar Moreno, former city administrator and acting City Social Welfare and Development Department (CSWD) head Teodoro Sabuga-a, and the office’s former overseer Michael Christopher Fabello.

Judith told Rappler on Tuesday that the former officials were liable for graft, or plunder at most, accusing them of padding the list of beneficiaries.

He alleged that as much as P50 million of the P767.8-million cash aid was lost as a result of the alleged padding of the list of beneficiaries.

“Based on the findings, they are liable. That is the logical conclusion,” said Judith, a lawyer by profession.

Asked about the exact participation of Moreno in the alleged graft, Judith referred to the principle of command responsibility.

In his findings, he noted that the former mayor’s involvement was “low-key,” but he had “absolute control over the operations.”

The committee report also stated that “the actions taken by the city officials in the performance of their official duties are deemed the acts of the mayor.”

Moreno criticized Judith, calling his accusations “reckless, stupid, barbaric, wild, and irresponsible.”

“It was not a committee report. It was Judith’s personal report,” he said.

He demanded that Judith show proof of corruption rather than making his “speculations” pass off as evidence.

Judith told Rappler that the former officials did not follow the lists submitted by different barangays in the city in 2021, preventing residents from availing of the cash aid from the Department of Social Welfare and Development (DSWD) based on the Bayanihan to Heal as One Act of 2020.

Eligible residents were entitled to receive P1,000 cash each, with a maximum of P4,000 per family.

The committee’s findings showed that there were numerous double entries, and some of the funds were unaccounted for, based on several examples of alleged fraud employed in different barangays, including random sampling.

Judith alleged that the cash payout lists were systematically padded, with some individuals receiving aid more than once, and some ineligible beneficiaries being included while eligible ones were excluded.

Moreno acknowledged that there were duplications and that city hall realized after the distribution period that some beneficiaries received the government’s cash aid more than once. 

He said that when they discovered the duplications, they sent out letters and asked the beneficiaries to return the money, and many did.

Moreno also explained that the first list came from the DSWD and needed to be optimized because it was short. 

He said city hall then asked the DSWD to approve the lists of beneficiaries of the government’s Pantawid Pamilyang Pilipino Program (4Ps), senior citizens, and persons with disabilities, and the social welfare department approved them. He said they also asked barangay officials to submit their lists.

“If we used the DSWD list, then we would have returned about half of the fund. And so, we had to optimize it as fast as we could so that more people would receive aid. We were pressed for time. We were only given two weeks to implement it during one of the most difficult periods of the pandemic. In the end, despite best efforts, there were still duplications,” Moreno said.

Councilor Joyleen Mercedes Balaba, the chairperson of the social services committee of the city council, said it was no secret that there were some errors in the list such as wrong spellings and addresses, and the Department of Interior and Local Government (DILG) and a grievance committee were aware of these lapses.

Balaba, however, said Judith refused to appreciate the reports from DSWD, DILG, and COA (Commission on Audit), and that the findings of errors were one thing while the councilor’s graft accusation was another.

When he delivered a special report on Monday afternoon, Judith refused to disclose the names of the officials involved in the alleged anomalies, despite the insistence of other councilors.

During the city council session, Councilor Roger Abaday challenged Judith to reveal the names, but the ad hoc committee chairman suggested that Abaday read them from his official report instead, much to the disappointment of other councilors.

“I want the people involved to be pursued legally so those involved can give their side,” Abaday said. 

He added, “He (Judith) is the author of the report. These are just three names. Let him mention the names. He says he wants the truth, then let the truth come out.” 

Balaba expressed confusion over Judith’s initial reluctance to name the former officials responsible for the alleged irregularities during the city council session.

“I’m perplexed about why he cannot name his so-called ‘Three Musketeers.’ He is the author of the findings. Why did he refuse to divulge the names?” Balaba said. 

She said Judith’s refusal cast doubt on the authenticity of his findings.

Vice Mayor Jocelyn Rodriguez, however, said whether to disclose the names or not before the city council was Judith’s prerogative.

Meanwhile, Councilor Edgar Cabanlas pointed out that the grievance process clause in the Bayanihan to Heal as One Act of 2020 was not followed.

He said anyone could go directly to any local or national government offices to file a complaint against the disbursement of the cash aid.

“Judith does not hold the monopoly of seeking the truth and public service,” Cabanlas told the city council.

Councilor Ian Mark Nacaya, who moved for the creation of the ad hoc committee, said the report should have been submitted to the city council’s social services committee first, which created Judith’s panel.

The investigation was conducted based on Resolution 01-2022 of the social services committee of the city council.

Balaba, the head of the social services committee, said Judith did not provide her with a copy of the findings. – Rappler.com

Cong Corrales is an Aries Rufo Journalism fellow, and Herbie Gomez is Rappler’s Mindanao bureau regional coordinator.