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The Office of the Ombudsman has ordered the indictment of former Tanjay City Mayor Lawrence Teves for violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) before the Sandiganbayan. Also included in the charge sheet are Sangguniang Panlungsod members Jose Orlino and Steve Teves. The graft charge stems from the barangay projects riddled with procurement anomalies.

According to the report of the Commission on Audit (COA), several red flags were observed in the implementation of infrastructure projects undertaken in Barangays Obogon and Sto. Niño for the construction of footsteps. The COA noted the delay of three years in the project implementation noting that the materials were received on 15 July 2011 but actual installation of was made only in 2014. It was also observed that 85 pieces of footsteps were not installed by only piled near the house of the punong barangay of Sto. Niño.

Teves’ defense of good faith was junked by the Ombudsman and stated that the mayor “cannot hide behind the defense that he merely approved the transaction to benefit the city. Clearly shown in the Program of Works is the fact that that the implementation shall be “by administration,” that is by the executive branch.”

The Ombudsman noted that respondents acted in concert in the procurement of construction materials and in not complying with the dimensions of the footsteps resulting to shortage in volume and delay in the project completion.

 The charges against SP members Orlino and Teves were ordered as they requested for the project and concurred in the canvass and award to Rebelin Enterprises for the supply of construction materials. Orlino and Teves also signed the delivery receipts “which obviously meant that they received materials.

Section 3 (e) of R.A. No. 3019 prohibits public officials from 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. ###