Seven former officials of Barangay 3, Himamaylan City, a former city accountant and a representative of a fertilizer firm are facing criminal indictments in connection with the fertilizer fund scam, the Office of the Ombudsman announced yesterday.

Eleven others from Tuburan, Cebu, and Maasin, Iloilo, are also facing similar criminal indictments.

Ombudsman Conchita Carpio Morales found probable cause for violation of sections 3(e) and 3(g) of the Anti-Graft and Corrupt Practices Act against them.

The nine are former barangay captain Jeremias Ban, and former kagawads Danilo Lamason, Raymund Vincent Besa, Manuel Tancinco, Nile Nelson Arroz, Adelino Plansa, and Jonalyn Lauron; former city accountant Efren Dela Rosa, and Jose Barredo Jr., representative of Feshan Phils. Inc., her office announced.

Himamaylan Mayor Agustin Ernesto Bascon yesterday said De La Rosa was no longer city accountant as he had been dismissed from the service on orders of the Ombudsman.

Morales ordered the dismissal of Dela Rosa after finding him guilty of Serious Dishonesty, Grave Misconduct, and Conduct Prejudicial to the Best Interest of the Service.

The Office of Ombudsman said in 2004, a Memorandum of Agreement was entered into between Himamaylan City and the Department of Agriculture Regional Office where  P 1,000,000 was allotted for the purchase of Bio-Nature liquid organic fertilizers.

Records show that in an undated purchase request, Ban requested and approved the purchase of 666 bottles of Bio-Nature liquid organic fertilizer at  P 1,500 per bottle. On May 30, 2004, after the purported bidding participated in by three suppliers, Ban,  et al . awarded the contract to Feshan which, on the same day, delivered the items costing P 999,000.

The COA's Audit Observation Memorandum, dated July 21, 2004 stated that the procurement of the Bio-Nature organic liquid fertilizers was grossly overpriced in the amount of  P 560,840.91, as the prevailing market price at that time was only  P 125 per bottle.

The investigation also found that there was no actual bidding and that there was reference to specific brand names, which acts are violative of the procurement law, the Office of the Ombudsman findings stated.

The Ombudsman ruled that the evidence and circumstances suggest that the respondents intended to pursue direct contracting as the mode of procurement from the very beginning and that the public bidding conducted at the ABC Hall was a simulated one. It added that the naming of Bio-Nature in the Purchase Request is tantamount to branding, which violates Section 18 of Republic Act No. 9184, or the Government Procurement Reform Act.*CPG

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