Peña faces graft, falsification raps

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Former Makati Mayor Romulo Peña and eight others are facing graft and falsification charges at the Office of the Ombudsman for the alleged ghost delivery of sports items and supplies intended for the city government’s summer sports program.

In an 18-page complaint, Marilyn King, head of the city’s Youth and Sports Development Department (YSDD), said Peña and the others “conspired and aided one another” in violating Section 3 (e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, and Falsification by a Public Officer under Article 171 of the Revised Penal Code.

The respondents “with manifest partiality and evident bad faith, caused the full payment of the purchase price of P823,195.31 despite the fact that there was no complete delivery of the purchased goods.” Their actions caused undue injury to the city government, the complainant added.

King said the supplier failed to deliver all the sports items and supplies listed in the duly signed purchase request and purchase order despite full payment.


Certifications in the form of Inspector’s Report and Acceptance and Inspection Report, were issued by the respondents stating that all the items have been delivered.

Gertrudis Ramirez, operations officer of YSDD, confirmed that not all items paid for were delivered.
“There was a discrepancy between the items indicated in the Purchase Request and the items actually delivered,” she said.

The supplier and lone bidder for the project, PMPI Creative Suites, also confirmed that they have not delivered all the items, King said.

“Considering, however, that the City Government of Makati has already paid the full amount of P823,195.31, the fact that not all the items in Purchase Request No. 16-05-0409 have been delivered caused damage and prejudice to the city government of Makati for which respondents should be held criminally liable,” the complaint said.

“Likewise, the respondents should also be held criminally liable for Falsification by a Public Officer for issuing false certifications that all the items…have been delivered when in truth and in fact they were not,” it added.

Aside from Peña, also included in the complaint were Ernesto Marcos D.P. Lopez, former officer-in-charge of YSDD; Amalia C. Santos, former OIC City Treasurer’s Office; Carmina P. Lazaro, inspection officer, Supply and Property Management Division, General Services Department; Helena L. Cejalvo, inspection officer, GSD; Ramila C. Cruzado, OIC, GSD; Sonia I. Suarez, chief, Supply and Property Management Division, GSD; Fe V. Villasin, Recreation and Welfare Services Officer, YSDD; and John C. Co, president of PMPI Creative Suites.
The complaint said Peña should be charged since as acting mayor, he signed the documents required in purchasing the items and for the supplier’s payment.

As OIC of the YSDD, Lopez certified that all the items have been delivered “despite knowing fully well that the deliveries were not yet complete.” Lazaro, Cejalvo, Cruzado and Suarez of the GSD all certified to the full delivery of the purchased items, while Villasin, as an officer of YSDD, certified receiving all the items in good condition.

Co, the private respondent, “conspired with and aided the respondent public officers as he demanded and accepted full payment of the purchase price despite knowing fully well that PMPI has not made a complete delivery of the purchased items,” the complaint added.

Among the items purchased were basketballs, arnis sticks, shuttlecocks, volleyballs, table tennis balls, plaques, medals tarpaulins, posters and ID cards.

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