The plunder and other criminal charges filed against suspended Bureau of Corrections (BuCor) Director General Gerald Q. Bantag and several other bureau personnel will be turned over by the Department of Justice (DOJ) to the Office of the Ombudsman (OMB) for preliminary investigation.
“I have asked the prosecutors to send the case to the Ombudsman because I believe that is not within our jurisdiction to rule over plunder cases,” Justice Secretary Jesus Crispin C. Remulla said on Monday, Feb. 13.
“We shouldn’t be handling things that may be beyond our jurisdiction,” Remulla said.
He explained that plunder is an offense committed while an official is in office and “have to do with the office itself.”
“That’s why I believe that the elements that are stated in the complaint may very well be one that is within the cognizance of the Ombudsman and jurisdiction of the Ombudsman,” he also said.
Aside from plunder, Bantag and his co-respondents were also charged with malversation of public funds through falsification of official documents, and graft.
Named co-respondents were BuCor’s Correction Technical Superintendent Arnold Jacinto Guzman, Correction Inspectors Ric A. Tocacurba and Solomon B. Areniego, and Correction Technical Officers Jor-el M. De Jesus, Angelo Castillo and Alexis Cantidig.
The complaint filed by BuCor’s Acting Director General Gregorio Pio P. Catapang Jr. also charged Bantag and his five co-respondents with violation of the Code of Conduct and Ethical Standards for Public Officials and Employees.
Based on the complaint, Bantag and his group were charged in connection with the three projects for the construction of prison facilities budgeted at about P900 million.
The three projects are those at the Iwahig Prison and Penal Farm (IPPF) in Palawan, Davao Prison and Penal Farm (DPPF), and the Leyte Regional Prison (LRP).
“Respondent Bantag, in consiracy with, and with indispensable complicity of, the other herein respondents, has purposely and systematically orchestrated the diversion/misappropriation and/or consenting or permitting other persons, to take public funds of the Bureau of Corrections,” Catapang’s complaint stated.
“The sinister plan to divert and/or misappropriate BuCor’s public funds started when respondent Bantag created a separate BuCor’s Bidding and Award Committee (BAC) for the aforementioned three infrastructure projects, and designated non-permanent officials of BuCor, namely, CT CSupt. John Paul O. Santos and CSupt. Virginia S. Mangawit, who are both personnel of the Bureau of Jail Management and Penology (BJMP), as chairperson and member, respectively, of the BAC,” the complaint said.
Bantag’s act “is a clear violation of Section 65 of RA (Republic Act) 9184 otherwise known as ‘The Government Procurement Reform Act’ and Section 11.2.2 of the 2016 Revised Implementing Rules and Regulations of RA 9184,” is said.
It was also alleged that “the public bidding that was conducted by the BAC created by respondent Bantag was rigged to favor the winning bidders, Joint Venture of Garay Philweb Builders/Rakki Corporation and the Joint Venture of Garay Philweb Builders and Eric Van Sesbrano Construction, and the same is considered a clear violation of the pertinent laws and rules regulations on Procurement.”
BuCor’s legal counsel Al Perreras alleged that “out of the P900 million project, about P273 million more or less were misappropriated by DG Bantag and his co-respondents.”
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