The Office of the Ombudsman has ordered the filing of graft charges against former mayor William Duma-an of Caraga, Davao Oriental for allegedly requesting and receiving monetary benefit in exchange for entering into a consultancy deal with RR Summit Consultants Inc. (RR Summit).
According to the anti-graft office, ?records showed that Duma-an visited the residence of RR Summit Chief Executive Officer Roseller Macayra in 2010 to discuss its 3.0 percent service fee as consultant on the municipality’s P110 million loan facility for the construction of the Caraga public market, terminal and commercial complex project.
After assuring RR Summit that the consultancy project will push through, Duma-an allegedly requested several loans amounting to P2 million which was allegedly deposited in his personal bank account.
“According to Duma-an, he obtained the loan ‘so he could pay the debts incurred in the May 2010 elections,’ and was formalized thru a notarized contract with loan confirmation and promissory note. Despite demand, Duma-an failed to make any payment to RR Summit,” the office further said.
“[I]n asking and receiving a loan of P2 million from complainant, he secured for himself a personal benefit, which he was able to obtain by dangling the guarantee of releasing the three percent service fee stated in the consultancy agreement between complainant and the municipality,” the Ombudsman’s said in its resolution in finding sufficient ground to charge the former mayor.
The law prohibits public officials from requesting and/or receiving any gift, present, share, percentage or benefit in connection with a contract or transaction with the government wherein the public official has the right to intervene in his official capacity under the law.