North Cotabato Governor Emmylou Talino-Mendoza has been ordered by the Office of the Ombudsman Manila to answer charges of Dishonesty and Grave Misconduct in office following her purchase of P2.47-million worth of fuel from her mother’s gasoline station earlier this year.

In an order signed by Mary Antonette Yalao of the Office of the Overall Deputy Ombudsman, the Ombudsman said the charges of dishonesty and grave misconduct filed by former employee Artemio Suico including the documentary evidence submitted on Sept. 12, 2012 “was sufficient in form and substance” and Talino-Mendoza was given 10 days to submit her reply.

The Ombudsman’s order is dated Sept. 26. A copy of it was received only this week by the lawyers of complainant Suico. The order says the Ombdsman will not entertain a motion to dismiss and only allow one motion for reinvestigation.

But it is more than 10 days after the order was issued on Septe 26 2012. What gives?

The charges were filed against the North Cotabato governor following discovery of documents provided by provincial capitol insiders which showed that in three transactions earlier this year, Gov. Talino-Mendoza allowed the Talino Shell Stations in Carmen town and Kidapawan City to supply the fuel requirements of the Provincial Government of North Cotabato in the amount of P2,434,668.99.

Among the documentary evidence presented by Suico to the Ombudsman were vouchers representing three procurements.

The first voucher dated Jan. 24, 2012 showed that a check from the Provincial Government of North Cotabato in the amount P1-million was issued in favor of the Talino Shell Station in Kidapawan City, a business establishment which the City Treasurer of Kidapawan certified to be owned by Noemi J. Talino, the Governor’s mother.

The amount was in payment for 20,833.33 liters of diesel fuel supposedly for the maintenance of Ginatilan-Bangkal-Manobo Road in Magpet town. An affidavit submitted by two barangays officials of the Magpet, however, said that few units of equipment worked in the said project for only a couple of days, raising suspicion that the fuel purportedly purchased was not actually delivered.

Another voucher dated March 5, 2012 in the amount of P934,669 issued in favor of the Talino Shell Station in Poblacion Carmen which is also owned by Noemi J. Talino.

The amount was in payment for 18,693.83 liters of diesel fuel purportedly to be used in the rehabilitation of the Carmen-Maridagao Road in Carmen town.

A third voucher dated March 5, 2012 in the amount of P499,999.99 was issued in favor of the
Talino Shell Station in Kidapawan City.

The amount was in payment for 10,000 liters of diesel fuel which was supposedly used in the rehabilitation of the Lamitan-Bulacanon Road in Makilala town.

In his affidavit complaint, filed with the assistance of his lawyers, Suico claimed that the acts of the Governor in buying diesel fuel from gasoline stations owned by her mother was a blatant act of corruption.

The procurement law, according to Suico, forbids the Governor from buying diesel fuel supplies from gas stations owned by her relatives up to the third degree of consanguinity.

Suico also claimed that the three transactions were just the tip of the iceberg in a long list of questionable business transactions in the provincial government involving relatives of the Governor.

The complainant also asked the Ombudsman to place the Governor under preventive suspension so she could not influence the investigation of the case.

In its order, the Ombudsman directed Governor Talino-Mendoza to submit her counter-affidavit and proofs of her salary grade and service rank to determine which court would handle the criminal aspect of the case filed against her.

Governors facing charges of graft and corruption are charged before the Sandiganbayan while those with lower positions are haled before the Regional Trial Courts.

Is the Governor under the protection of someone in Malacañang Palace?