Five officials of the National Irrigation Administration (NIA) were cleared of graft charges by the Ombudsman in relation to the alleged anomalous construction of the Talibon Small Reservoir Impounding Project (TSRIP).The dismissal of the case came two years after a NIA Fact Finding Team evaluation report found prima facie evidence against the respondents for irregularities in the implementation of the questioned project.
Named respondents were Regional Irrigation Manager Alexander Reuyan, Bohol Provincial Irrigation Officer Calixto Seroje, NIA regional finance manager Jesusa Sibonga, Small Reservoir Irrigation project officer Eduardo Daniel and senior accountant Victor Echavez.
The case stemmed from a complaint filed by the Boholanos Against Corruption, Oppresssion and Social Harassment (Bacosh) represented by former NIA project manager Petronilo Sarigumba.
Sarigumba alleged in the complaint that P165 million have been released and exhausted for the project when at least three audit reports in 1998 showed the project to be only 50% completed.
The approved total project cost is P243 million based on a revised program of works approved by the NIA in April 2000.
The 24-page resolution, signed by acting Ombudsman Orlando Casimiro last June 26 2008, dismissed the charges "for lack of substantial legal basis".
The resolution, which was prepared by Graft Investigation and Prosecution Officer Sarah Jo Vergara since June 2006, dealt on the purported misappropriation of funds in the project implementation.
Based on the NIA Fact Finding Team report, the project was said to be questionable due to the fact that there were varying amounts of expenditures reported by the project field office, the provincial management office and the regional office.
According to the Ombudsman resolution, it "sees that the variance does not actually prove that there are unaccounted funds…"
"The figures submitted by the 3 offices actually cover expenditures incurred by different offices over different periods of time."
The resolution stated that it was "inappropriate to compare the subject figures purportedly representing the Talibon SRIP expenditures, much more deduce that inconsistencies therein are suggestive of misappropriation of funds."
The Ombudsman noted further: "The [Fact Finding] Team in their report failed to state distinctive circumstances that can somehow single out suspicious dealings."
"In a project as composite as the Talibon SRIP, what is really of decisive import is the percentage of accomplishment for the entire project which in this case is more or less consistently reported on…"
In the absence of "substantial difference" in the valuation of work accomplishment as assessed by different officials or offices, the varying costs of certain component works are "nothing more than explainable or traceable discrepancies", the ruling cited.
According to the Ombudsman, the actual impact of the deviations ascertained by the Fact Finding Team could not yet be assessed since the Talibon SRIP is not yet completed.
"This [deviations] cannot possibly imply outright that an offense has been committed," it stated.
With the absence of "actual damage" or "unnecessary upsurge of actual project cost", the Ombudsman said that "the presumption of regularity in the performance of functions supports the respondents' argument that the deviation works are for a better-performing irrigation project at a most reasonable cost."
Regarding the allegations that Seroje illegally approved and paid contracts which are not within his scope of authority but that of Reuyan as regional director, the Ombudsman said that NIA regulations may have been violated specifically the rules governing the signing and approval of official papers, documents and contracts.
However, the Ombudsman said, that "the respondents have in their favor the fact that the 'unauthorized' payments were anyhow disbursed for actual obligations."
The resolution stated that the payments were covered by vouchers that appeared to be duly processed which indicated the receipt of the claimants.
"For the time being, there is no persuasive showing that the 'unauthorized' payments resulted in damage to either private individuals or the government."
The resolution cited that criminal liability does not lie against respondents Reuyan and Seroje. "Whatever their lapses are, the same are most likely purely administrative in nature and thus shall be adjudicated more thoroughly in the corresponding administrative case."
The charges of usurpation of authority against Seroje, being the actual signatory of disputed vouchers and contracts, was described in the resolution as "inequitable".
"Respondent actually has been delegated the authority to sign or approve NIA official papers, documents and contracts, and thus he does possess the basic authority to so sign and approve."
According to the Ombudsman, Seroje "wrongfully or improperly exercised such authority, during a particular number of instances. Such wrongful exercise of authority however, does not equate to usurpation of authority or the seizure or holding of an office, power or authority without any legal right."
The Ombudsman pointed out that the Talibon SRIP project has not yet been completed and its finances not yet subjected to a post-audit by the Commission on Audit.
"In fact, insofar as the COA is concerned, it had conducted an inspection of the project on 26 January 1999 and it thereafter declared that it 'interposed no objection of the reported 49.01% project accomplishment as of December 1998'", the resolution stated.
"The Talibon SRIP involves a range of costly disbursements and in such a project, audit findings are preferred prerequisites for a realistic suspicion of misuse of public funds."
The Ombudsman viewed that there is presumption of regularity in the implementation of the project in the absence of evidence of the alleged irregularities.
Sarigumba alleged in the complaint that P165 million have been released and exhausted for the project when at least three audit reports in 1998 showed the project to be only 50% completed.
The approved total project cost is P243 million based on a revised program of works approved by the NIA in April 2000.
The 24-page resolution, signed by acting Ombudsman Orlando Casimiro last June 26 2008, dismissed the charges "for lack of substantial legal basis".
The resolution, which was prepared by Graft Investigation and Prosecution Officer Sarah Jo Vergara since June 2006, dealt on the purported misappropriation of funds in the project implementation.
Based on the NIA Fact Finding Team report, the project was said to be questionable due to the fact that there were varying amounts of expenditures reported by the project field office, the provincial management office and the regional office.
According to the Ombudsman resolution, it "sees that the variance does not actually prove that there are unaccounted funds…"
"The figures submitted by the 3 offices actually cover expenditures incurred by different offices over different periods of time."
The resolution stated that it was "inappropriate to compare the subject figures purportedly representing the Talibon SRIP expenditures, much more deduce that inconsistencies therein are suggestive of misappropriation of funds."
The Ombudsman noted further: "The [Fact Finding] Team in their report failed to state distinctive circumstances that can somehow single out suspicious dealings."
"In a project as composite as the Talibon SRIP, what is really of decisive import is the percentage of accomplishment for the entire project which in this case is more or less consistently reported on…"
In the absence of "substantial difference" in the valuation of work accomplishment as assessed by different officials or offices, the varying costs of certain component works are "nothing more than explainable or traceable discrepancies", the ruling cited.
According to the Ombudsman, the actual impact of the deviations ascertained by the Fact Finding Team could not yet be assessed since the Talibon SRIP is not yet completed.
"This [deviations] cannot possibly imply outright that an offense has been committed," it stated.
With the absence of "actual damage" or "unnecessary upsurge of actual project cost", the Ombudsman said that "the presumption of regularity in the performance of functions supports the respondents' argument that the deviation works are for a better-performing irrigation project at a most reasonable cost."
Regarding the allegations that Seroje illegally approved and paid contracts which are not within his scope of authority but that of Reuyan as regional director, the Ombudsman said that NIA regulations may have been violated specifically the rules governing the signing and approval of official papers, documents and contracts.
However, the Ombudsman said, that "the respondents have in their favor the fact that the 'unauthorized' payments were anyhow disbursed for actual obligations."
The resolution stated that the payments were covered by vouchers that appeared to be duly processed which indicated the receipt of the claimants.
"For the time being, there is no persuasive showing that the 'unauthorized' payments resulted in damage to either private individuals or the government."
The resolution cited that criminal liability does not lie against respondents Reuyan and Seroje. "Whatever their lapses are, the same are most likely purely administrative in nature and thus shall be adjudicated more thoroughly in the corresponding administrative case."
The charges of usurpation of authority against Seroje, being the actual signatory of disputed vouchers and contracts, was described in the resolution as "inequitable".
"Respondent actually has been delegated the authority to sign or approve NIA official papers, documents and contracts, and thus he does possess the basic authority to so sign and approve."
According to the Ombudsman, Seroje "wrongfully or improperly exercised such authority, during a particular number of instances. Such wrongful exercise of authority however, does not equate to usurpation of authority or the seizure or holding of an office, power or authority without any legal right."
The Ombudsman pointed out that the Talibon SRIP project has not yet been completed and its finances not yet subjected to a post-audit by the Commission on Audit.
"In fact, insofar as the COA is concerned, it had conducted an inspection of the project on 26 January 1999 and it thereafter declared that it 'interposed no objection of the reported 49.01% project accomplishment as of December 1998'", the resolution stated.
"The Talibon SRIP involves a range of costly disbursements and in such a project, audit findings are preferred prerequisites for a realistic suspicion of misuse of public funds."
The Ombudsman viewed that there is presumption of regularity in the implementation of the project in the absence of evidence of the alleged irregularities.
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