The Office of the Ombudsman is set to formally charge the incumbent mayor of Tago, Surigao del Sur, for using public property to build his own private resort.
In a seven-page Resolution, Ombudsman investigators found probable cause to indict Mayor Rogelio Pimentel and Barangay Captain Herminigildo Reyes, for Malversation and violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019).
Records show that in December 2013, barangay Unaban in Tago received 286 sacks of cement and 280 steel bars from the Office of the Provincial Agriculturist to build a solar dryer. In January 2014, Pimentel took the construction materials with the consent of Reyes, and used them to construct his privately-owned resort. Pimentel even admitted over a local radio station that he personally used the construction materials.
The Ombudsman rejected Pimentel’s defense that the materials were taken due to the impending flood and claimed that he replenished the materials.
In its Resolution, it was stated that “(Pimentel) opted to utilize the materials for personal purposes despite the fact that (they) were public properties.” It added that “the attendance of bad faith, manifest partiality, or gross inexcusable negligence is apparent in respondent’s blatant disregard for the rules concerning the use of public properties.”
Malversation is committed by a public officer who has custody of public funds and that he appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them.
Section 3(e) of R.A. 3019 penalizes a public officer who causes undue injury to any party, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official functions through manifest partiality, evident bad faith or gross inexcusable negligence.###