The Office of the Ombudsman (OMB) has implemented a six-month preventive suspension without pay of Marikina City Mayor Marcelino "Marcy" Teodoro, Vice Mayor Marion S. Andres, and 17 other local officials for the reported misuse of P130 million in Philippine Health Insurance Corporation (PhilHealth) funds for alleged non-health purposes.
Also preventively suspended were City Treasurer Nerissa Calvez San Miguel, City Accountant Erlinda Gutierrez Gonzales, Assistant City Budget Officer Jason Rodriguez Nepomuceno, Sangguniang Panlungsod Secretary Noralyn R. Tingcungco, and Councilors Angelito R. Nunez, Joseph B. Banzon, Donn Carlo B. Favis, Loreto F. Tolentino, Jr., Serafin Y. Bernardino, Carl Eli F. Africa, Cloyd S. Casimiro, Marife T. Dayao, Levy D. de Guzman, Romina Kate N. de Guzman, Samuel S. Ferriol, Hilario A. Punzalan, and Manuel E. Sarmiento.
In a 10-page order that was served on Tuesday, March 25, the OMB said the city officials were suspended "without pay during the pendency of these cases until their termination but not to exceed the total period of six months."
The suspension stemmed from the complaint filed against the local officials by Sofronio Dulay on April 26, 2024.
Dulay asked the OMB to charge the local city officials with violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, Article 220 of the Revised Penal Code on technical malversation, and Article 217 of the RPC on malversation of public funds.
He also asked the OMB to hold them administratively liable for Conduct Prejudicial to the Best Interest of the Service and grave misconduct.
Dulay alleged that the respondents city officials used PhilHealth funds for the purchase of various IT equipment, infrastructure repair, and general supplies and for donations.
Their acts, Dulay also alleged, contravened with the specific provisions of Section 21 of R.A. No. 11223 or the Universal Health Care Act (UHC Act), which explicitly stated that all income derived from PhilHealth payments must be allocated exclusively for the improvement of the local government unit (LGU) health system.
For the OMB, there were indeed "sufficient grounds" to order their preventive suspension, "considering that there is strong evidence showing their guilt."
"The charges against them for Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service may warrant their removal from the service; their continued stay in office may prejudice the investigation of the case filed against them; in order to preserve documents and evidence pertaining to this case which they have control and custody; and in order to avoid respondents' commission of further malfeasance and/or misfeasance in office," the order stated.