Ombudsman Conchita Carpio Morales has found probable cause to charge North Cotobato Governor Emmylou Taliño-Mendoza for the illegal procurement in 2010 of diesel fuel worth P2.4million from a gasoline station owned by her mother. Mendoza is set to face trial before the Sandiganbayan for three counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019).
Records reveal that Mendoza approved the release of P2.4million from the provincial funds to pay for 49,526.72 liters of fuel used for one road grader and four dump trucks utilized during the two-day road rehabilitation projects. No public bidding was conducted for the procurement of fuel. Instead, Mendoza directly contracted with the gas station owned by her mother. The governor claimed that “it was only the Taliño Shell Station which was willing to accommodate the credit term requested by the provincial government.”
According to Ombudsman Morales, “there was no compelling justification for dispensing with the requirement of public bidding.”
In the approved Resolution, the Ombudsman explained that “the great disparity between the estimated 552 liters of diesel actually consumed for the two-day road maintenance project in Magpet vis-à-vis the 20,833 liters actually paid for, is proof that the fuel-purchase transaction is illegal and that this transaction is obviously a scheme to pocket government funds.”
The Resolution added that “[respondent] made it appear that the diesel fuel was procured and used in a government project when in truth, only a small portion of the fuel was actually used and the rest was converted to cash for the benefit of those who were involved in the fraudulent transaction.”
Under Section 3(e) of R.A. No. 3019, a public officer is prohibited 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.” ###