Various criminal and administrative charges have been filed by private complainants against Mayor Ernesto Reyes of Guihulngan, Negros Oriental with the Office of the Ombudsman in Manila.

In their letter-complaint addressed to Ombudsman Merceditas Gutierrez, Kiben Masicampo and Edilberto Divinagracia charged Reyes with violating the Anti-Graft and Corrupt Practices Act, the New Procurement Act, Local Government Code, Administrative Order No. 3, technical malversation and other provisions of the Revised Penal Code, among others.

The complainants said Reyes hastily executed an P80-million loan agreement with Land Bank of the Philippines, without complying with the LGC, and in the absence of a local development plan and the annual investment plan.

Reyes pushed through with the loan acquisition despite the disapproval by the Sangguniang Panlalawigan of resolutions and ordinances with reference to the loan, they said.

Despite the disapproval, the complainants said, Reyes insisted on illegally disbursing the loan proceeds.

They also said Reyes violated AO No. 3 which prohibits the purchase of luxury vehicles for local government units. They said he pursued the purchase of two Nissan Navarra pick-up vehicles worth P1.35 million each, and one Nissan Super Grandia worth P1.6 million.

The purchase of one hydraulic excavator and three dumptrucks worth P9.748 million, and the city bus and road grader worth P7.99 million was also questioned, they said, adding that the appropriation ordinance for the purpose was not submitted by the city to the Sangguniang Panlalawigan for review and approval.

Reyes was also accused of technical malversation for certifying on March 25, 2008, that funds for the purchase of the vehicles were already available when approval and execution of the loan was made available only the following day, March 26, 2008. 

The complainants also claimed that the certification was made in cahoots with the budget officer and the sponsoring committee of the city council, in the person of Councilor Simplicio Mijares, said to be the mayor’s cousin.

The Ombudsman is also being asked to look into the alleged illegal transfer of one appropriation to another, from concreting to asphalt overlay and deleting the rehabilitation of the drainage system, with the same amount of P25 million.

Masicampo and Divinagracia are also praying for the issuance of a preventive suspension order for Reyes pending the investigation of the complaint.*JG

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