A criminal complaint was filed before the Office of the Ombudsman on Tuesday, June 6, against former Surigao del Norte governor Francisco T. Matugas and 12 others for the alleged misuse of the P60 million provincial disaster management funds intended for the 2021 victims of Super Typhoon Odette.
The complaint was filed by Oscar M. Pospia Jr., head of the Provincial Environment and Natural Resources Office and designated chief of staff of incumbent Gov. Lyndon Barbers.
Pospia asked the OMB to charge Matugas and his co-respondents with violations of Republic Act No. 7080 on plunder, Article 220 of the Revised Penal Code on technical malversation, RA 3019, the Anti-Graft and Corrupt Practices Act, and RA 9184, the Government Procurement Regulation Act.
Also named respondents in the complaint were former provincial accountant Ma. Myrla S. Padayhag, schools division superintendent of Siargao Nelia S. Lomosco, schools division superintendent of Surigao del Norte Ma. Teresa M. Real, Department of Education (DepEd) Accountant Maricris O. Sulapas, DepEd Accountant III Juliet M. Dumaguit-Go, DepEd Bids and Awards Committee (BAC) Chairman of Siargao Division Harem Taruc, DepEd BAC Chairman of Surigao del Norte Division Dominico Larong Jr., and BAC members Joselito Manongas, Felisa Cordova, Lucila Inot, Azucena L. Simbol, as well as Merryland Publishing Corporation president Jessie D. Garcia.
Neither Matugas nor any of those named respondents in the complaint could be contacted for comment as of posting. Manila Bulletin will publish their comment once made available or answer to the complaint once filed with the OMB.
Pospia alleged in his complaint that the P60 million disaster funds were supposed to rehabilitate the localities devastated by Typhoon Odette and other post-disaster activities. Instead, he alleged that the funds were diverted in March 2022 and used to procure children's story books. He also alleged that the books weren't even needed during that time because there were no face-to-face classes yet.
He also claimed that the fund diversion reportedly happened just two months before the May 2022 elections.
While the provincial governor indeed has the authority to grant financial assistance to national agencies such as DepEd, Pospia explained that it only becomes "lawful" if there is an appropriated amount for that particular purpose.
But in this case, Pospia alleged there was nothing from the Provincial Disaster Risk Reduction and Management Office (PDRRMO) fund that was allocated for financial assistance to DepEd-Surigao del Norte.
"Therefore, Atty. Matugas’ actions of fund augmentation and transfer were unlawful as they deviated from the intended purpose of the appropriated funds and violated applicable laws and regulations," Pospia pointed out in his affidavit-complaint that was received by the OMB on June 6, 2023.
Pospia also alleged that even after Matugas lost his re-election bid, the former governor showed "brazenness," "gross callousness and total indifference" when he "donated and squandered" the various assets of the provincial government in favor of his wife, siblings, and mayors in Siargao.
These donated properties consisted of motor vehicles and laptops, which Pospia alleged were done in violation of the Local Government Code. Worse, Pospia also alleged that the properties were not even declared as no longer needed as these properties still had potential use for the projects and programs of the province.
“Several department heads and even ordinary employees of the province have expressed their dismay over their inability to respond immediately to the needs of the province because of lack of facilities such as but not limited to vehicles,” Pospia said.
He claimed that about 45 vehicles and equipment, which were recently acquired by the province, were reportedly donated by Matugas. The former governor was accused of “deliberately” leaving older and obsolete properties for the succeeding administration to use, he also alleged.
He added: “Atty. Matugas had no authority to dispose of the provincial government's properties. He only had the intention to cause harm and disrupt the new administration’s programs and services. By using an old resolution to justify his actions, he deceived and undermined the new administration and the public. It is an abuse of power and a violation of the trust placed in him as a public official.”