THE Office of the Ombudsman has perpetually barred former secretary Proceso Alcala of the Department of Agriculture from government service for alleged misuse of funds.
In two separate decisions, the Ombudsman found Alcala guilty of grave misconduct and conduct prejudicial to the best interest of the service.
Alcala was meted the penalty of dismissal from the service, but due to his separation from the service, “the penalty is convertible to a fine equivalent to respondent’s salary for one year.”
In the first case, Alcala was found culpable for the misuse of P13.5 million for the construction of the Quezon Corn Trading and Processing Center.
On Sept. 27, 2012, Isa Akong Magsasaka Foundation Inc. applied for an accreditation with the agriculture department “in order to be part of the project implementation that will help the farmers in Quezon province.”
On Nov. 5 on that same year, Alcala certified the foundation complied with the requirements of the Commission on Audit with regards to the accreditation and award to non-government organizations for the implementation of DA-funded projects.
Bautista Ella, the foundation’s president, and Alcala entered into a memorandum of agreement on Feb. 11, 2013.
Under the arrangement, DA undertook to provide financial support through a fund transfer of P15 million for the establishment of QCTPC.
A certain Laureano Arnulfo Mañalac issued two official receipts from the foundation to acknowledge the receipt of the funds.
Field investigation office showed Alcala authorized the DA to transfer the P13.5 million for the construction of the center at a private lot belonging to Ella.
Additionally, the probe uncovered that Mañalac was Alcala’s head executive assistant, who concealed his interest in the foundation as one of its incorporators and his relationship to Ella, his father-in-law.
Mañalac was also the program director of the Agri-Pinoy Trading Center-Project Management Office.
“Since Mañalac was an incorporator of the foundation and given his functions as program director of the APTC program, the foundation would have been automatically disqualified from being granted any public funds from the program. Alcala’s claim that Mañalac resigned on 01 October 2012 is of no moment. When the foundation applied for accreditation, Mañalac was still Alcala’s head executive assistant and was the program director of the APTC program,” the decision read.
“Under the circumstances, respondent had a direct hand over the APTC program. As project management committee chair, [Alcala] had the duty to review APTC project proposals, such as the foundation’s proposal, and decide whether the proposals should be supported. He likewise had the duty to approve or disapprove the recommended recipient/partner association. Thus, he could not claim that he merely relied in good faith on the actions of his subordinates.”
The anti-graft court also held Alcala culpable “for not doing anything, to investigate any material violation of the MoA and build a case for the proper legal action that DA could institute against the foundation.”
As far as the second case is concerned, the Ombudsman found Alcala liable for illegally allowing DA to resort to the alternative method of repeat order despite the agency’s failure to comply with the requirements under the Government Procurement Reform Act.
On April 12, 2010, then agriculture secretary Bernie Fondevilla awarded a contract to Agricom through a negotiated procurement for the delivery of 1,500 sets of pump and engine for the shallow tube well and pump irrigation system open source project.
The Ombudsman faulted Alcala for resorting to a negotiated procurement.
“Alcala’s defense that he had no knowledge of the nature of the previous procurement; that he relied on the recommendation of the bids and awards committee and that he acted on the documents in the regular performance of his duties cannot be countenanced. Reliance in good faith on the recommendation of subordinates does not justify non-compliance with the law. As head of agency, much is expected of Alcala,” Ombudsman Conchita Carpio Morales said.
