Monday, June 8, 2009

Draft Copy of the Graft Complaint Filed

Republic of the Philippines


G/F CAP Building, Gen. Luna St., 5000 Iloilo City



- versus - OMB – VIS - CASE NO.________

For: Malversation of Public Funds

in Relation to Section 3,

Paragraph (g) of R.A. 3019

otherwise known as the Anti-

Graft and Corrupt Practices Act


Municipal Mayor

LGU – Madalag, Aklan


Owner – Proprietor/Contractor

(Pastrana Construction and Supplies)




COMES NOW the Complainant and unto the Honorable Deputy Ombudsman for the Visayas respectfully file this complaint for Malversation of Public Funds in relation to Section 3, Paragraph (g) of R.A. 3019, otherwise known as the Anti-Graft and Corrupt Practice Act against HON.REX T. GUBATINA,

Municipal Mayor, LGU of Madalag, Aklan, and ABE R. PASTRANA, Owner – Proprietor/Contractor of Pastrana Construction and Supplies, committed as follows:

That a Potable Water System Project has been allotted and properly bidded for Barangay Dit-ana, Madalag, Aklan sometime in Calendar Year 2006;

That said project was a National Government funded project thru the Department of Public Works and Highways (DPWH) to be implemented by the Local Government Unit of Madalag, which took charge of the bidding process;

That said project was supposed to be implemented by the Municipal Government of Madalag thru its Municipal Mayor, Rex T. Gubatina;

That a cash advance had been made and liquidated in the amount of P 391, 100.00 as certified to by the Municipal Treasurer, Amy N. de Chino, Status of Cash Receipts and Expenditures on Various Potable Water System of 20 Barangays For the Period from December 21, 2006 to March 30, 2009, copy of which shows the aforementioned amount which is hereto attached and marked as “Annex A”;

That “Annex B” would show that there was release of funds on April 17, 2007 in the amount of P 391, 100.00, the payee of which was Pastrana Construction and Supplies, the winning bidder, under reference number 300-07-04-21;

That more than two (2) years have passed after the release of said funds on April 17, 2007 yet no project has ever been implemented despite payment as shown in the aforementioned documents therefore casting doubt that the said amount may have been utilized for purposes other than that which is intended;

In effect, public funds were paid for a bidded project which has not been implemented. It is however, unfortunate that this anomalous situation was allowed by the responsible and accountable public officer;

In effect, malversation was committed by the abovenamed respondent when he consented willfully to the taking of public funds causing prejudice to the public funds of the National Government;

Section 60 of the Local Government Code provides that:

“Grounds for Disciplinary Actions – An elective local official may be disciplined, suspended, or removed from office on any of the following grounds:


(c) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;


In effect, malversation of public funds constitutes misconduct in office.

In effect, public funds were paid for materials and services not rendered. It is, however, unfortunate that this anomalous situation was allowed by the responsible and accountable public officer.

In effect, malversation was committed by the above named respondents when they consented willfully to the taking of public funds causing prejudice to the public funds of the Local Government Unit of Madalag.

Article 217 of the Revised Penal Code states:

“Malversation of public funds or property – Presumption of malversation – Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate, or shall consent, through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property shall suffer:”

The elements of malversation are as follows:

(a) The offender is a public officer;

(b) He has custody or control of funds or property by reason of the duties of his office;

(c) The funds or property involved are public funds of property for which he is accountable; and

(d) He has appropriated, taken or misappropriated, or has consented to, or through abandonment or negligence, permitted the taking by another person of such funds or property. (Saligumba, et al., vs. Sandiganbayan, G.R. Nos. 154239-41, February 16, 2005).

There are two forms of malversation: (1) the public officer has converted public funds or property to his own personal use; and (2) other persons were able to take such public funds or property because of the public officer’s (i) consent, (ii) abandonment, or (iii) negligence. The felony may thus be committed by dolo or culpa. The appropriate penalty is imposed regardless of whether the mode of commission is with intent or due to negligence.

An accountable officer may be convicted of malversation even if there is no direct evidence of misappropriation and the only evidence is that there is a shortage in the officer’s account which he has not been able to explain satisfactorily. All that is essential is proof that the accountable officer has received public funds but that when demand therefore is made, he is unable to satisfactorily account for the same.

As held in Labatagos vs. Sandiganbayan (183 SCRA 415_), malversation consists not only misappropriation or converting of public funds or property to one’s personal use but also by knowingly allowing others to make use of or misappropriate the same.

In relation to the above mentioned provision of law, Section 3, paragraph (g) of Republic Act 3019, otherwise known as the Anti-Graft and Corrupt Practice Act states:

“Section 3. Corrupt practices of public officers. – In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:


(g) Entering, on behalf of the Government, into any contractor transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.

The offense prohibited by Section 3 (g) of R.A. No. 3019 is the act of the public officer of entering, for or in behalf of the government, into a contract or transaction which is grossly and manifestly disadvantageous to the government. A violation of Section 3 (g) has the following elements:

1. The offender is a public officer;

2. He entered into a contract or transaction in behalf of the government; and

3. The contract or transaction is manifestly and grossly disadvantageous to the government.

The offense defined and punished under Section 3 (g) of R.A. No. 3019 partakes of the nature of a malum prohibitum. It is the commission of that act as defined by law, not the character or effect thereof, that determines whether or not the provision has been violated.

In this case, not only public funds were allowed to be lost due to the consent of the respondent Municipal Mayor but to an extent the contract entered into by the said respondent public officer was grossly disadvantageous to the government.

On the other hand, there was no effort on the part of the contractor Pastrana Construction and Supplies to comply with or at the very least call the attention of the LGU of Madalag to the fact they were paid for materials not rendered in line with the program of work of the project for which they were intended.

Hence, the contractor is made a respondent in this case because the evidence shows that the supplier/contractor acted as co-principal and willing participant along with the respondent public officer in defrauding the government. This is in line with the policy enunciated in R.A. No. 3019 that the government aims “to repress certain acts of public officers and private persons alike which constitute graft and corrupt practices or which may lead thereto (Section 1, R.A. No. 3019)”.

In relation to this, complainant is praying that the above named respondent – public officer be preventively suspended from holding office pursuant to the applicable provisions of law considering that the evidence of guilt is strong.

In relation to the existence of clear and convincing evidence of the commission of the offense being complained of, herein complainant prays that the aforementioned accountable respondent – public officer be preventively suspended by the Honorable Ombudsman in accordance with law in order to prevent said respondent from using their office to exert undue influence on others by reason of this case. Further, these charges involve dishonesty and the continued stay in office of the respondents may cause further prejudice to the government.

In relation to this, Section 13 of R.A. No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act is applicable.

Section 13, R.A. No. 3019 states:

“SECTION 13. Suspension and loss of benefits – Any incumbent public officer against whom any criminal prosecution under a valid information under this Act or under Title 7, Book II of the Revised Penal Code or for any offense involving fraud upon government or public funds or property whether as a simple or as complex offense and in (whatever) stage of execution and mode of participation, is pending in court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him.

In the event that such convicted officer, who may have already been separated from the service, has already received such benefits he shall be liable to restitute the same to the Government. (As amended by Batas Pambansa Blg. 195, March 16, 1982)”

The authority of the Sandiganbayan or the proper court to order the preventive suspension of an incumbent public officer who is facing criminal prosecution for violating (i) RA 3019, (ii) the crimes defined in Title 7, Book II of the RPC, or (iii) any offense involving fraud upon the government or public funds or property, is granted by Section 13 of RA 3019 above.

Preventive suspension intends, (1) to preserve the integrity of the prosecution of the accused public officer, by preventing him from intimidating or influencing witnesses or tampering with documentary evidence, and (2) to avoid further acts of malfeasance while in office. The provision on suspension pendente lite applies equally to all public officers indicted under a valid information under RA 3019 or under Title 7, Book II of the revised Penal Code or for any offense involving fraud upon the government or involving public funds or property.

Section 13 of RA 3019, as amended, unequivocally provides that the accused public official “shall be suspended from office” while the criminal prosecution is pending in court. The rule on the matter is specific and categorical, leaving no room for interpretation. There are no ifs and buts about it. The court has neither the discretion nor duty to determine whether preventive suspension is required to prevent the accused from using his office to intimidate witnesses or frustrate or continue committing malfeasance in office.

WHEREFORE, in view of the foregoing premises, it is most respectfully prayed of the Honorable Deputy Ombudsman of the Visayas to conduct an investigation on the basis of the factual and material allegations in this complaint and to institute a case against erring public official and the contractor – respondent complained of in this case as the facts and evidence warrants and to order the preventive suspension of said respondent pending investigation as provided for under the law and to grant such other reliefs and remedies just and equitable in the premises.

Madalag, Aklan for the City of Iloilo, Philippines.

May 28, 2009


Punong Barangay

Barangay Dit-ana

Municipality of Madalag



- Affidavit of the Complainant

- Affidavit of witnesses

- Annexes “A” and “B” – Supporting documents and evidences

Copy furnished:

The Department of the Interior and Local Government

Aklan Provincial Office

Capitol Site, Kalibo, Aklan

The Civil Service Commission

Aklan Provincial Office

Capitol Site, Kalibo, Aklan

The Commission on Audit

Aklan Provincial Office

Kalibo, Aklan

SUBSRIBED AND SWORN to before me this _________ day of May 2009 at Kalibo, Aklan. Affiant exhibiting to me his CTC No. ________________ issued on ________________________ at __________________________.


I hereby certify that I personally examined the aforesaid affiant and I am satisfied that he voluntarily executed the foregoing statement and that same is true and correct to his knowledge and belief.






I, NOEL O. JAVIER, of legal age, Filipino, married, Punong Barangay of Barangay Dit-ana, Municipality of Madalag, Aklan, after having been duly sworn to in accordance with law, do hereby depose and say the following:

That I am the complainant in this case filed before the Office of the Ombudsman Visayas;

That I prepared the foregoing Complaint and that the allegations therein are true and correct of my own personal knowledge and based on authentic records.

That I have not commenced any other action involving the same issues in the Supreme Court, Court of Appeals or any other tribunal, agency, or quasi judicial agency and to the best of my knowledge no such other action or proceedings is pending before the Supreme Court, Court of Appeals or any other tribunal, agency or quasi-judicial agency involving the same issues and that if I should thereafter learn that a similar action or proceedings is pending before the said courts, tribunal, agency or quasi-judicial agency, I undertake such facts within five (5) days therefrom to the Court or agency wherein the original pleading and sworn certification have been filed.

IN WITNESS WHEREOF, I have hereunto affix by signature this ________________ day of _________________________, 2009 at Kalibo, Aklan, Philippines.



CTC No._____________________

Issued on _______________, 2009

Issued at ____________________

Subscribed and sworn to before me this _________ day of __________________, 2009 at Kalibo, Aklan Philippines.

Friday, December 5, 2008

COA Regional Special Audit Team In Madalag

Last week, a two-member team of state auditors arrived in Madalag to conduct audit and inventory of the sham water system project in Madalag that is the issue raised in my other report made earlier.

But, because of real bad inclement weather condition, the team had to pack up in haste and postponed the same to a latter date.

We have yet to know the results of their findings but granting they never made it physically to some 15 barangays out of the 20 barangays listed in the LGU's report of accomplishment i believe it's still a long way to go to get to the bottom of all these issues of ghost projects, malversation of public funds and graft and corruption allegations being levelled against the incumbent of Mayor of Madalag, Aklan

Thursday, November 13, 2008




By: Juan Extyn I. Inosanto


I. The purpose for which this study was made came about immediately succeeding the local elections of 2007 as a means to preserve for posterity’s sake my recollection of what transpired before during and after the local elections and to provide the opposition Party an in-depth overview of what happened on that fateful day of Monday, May 11, 2007 that catapulted to power for the 2nd time the most corrupt Mayor the town of Madalag has ever had.

II. It is also the object of this study to arouse the sentiments of the voting public of the various forms of cheating that he has applied in varying degrees of success to ensure his victory;

III. To enable the public to know its solemn duty and obligation to protect its sacred vote against all forms of electoral fraud and the abject criminal instinct of the incumbent to undermine the same;

IV. To provide the public open access to information as they become available and as a basis for intelligent discussion of the matter and to elicit the desired reaction in their decision-making process;

V. To formulate strategies of action to adapt in future plenary conventions to ensure the party’s success in 2010 and convincingly win without doubt and to further address the seeming recurrence of drought that has plagued the opposition Party and to re-energize it to attain a landslide victory that has remained elusive for such a very long time now.


Since becoming a separate and independent municipality in 1948, Madalag has in fact enjoyed the most peaceful of elections. Our early leaders, most of them were still in the prime of their youth then realized and proved to all and sundry that unity is very important to achieving their goals of creating a distinct and separate town, which is now called MADALAG, our dearly beloved. But, soon thereafter such unity was wrecked by partisan politics with the two-party system being in place. The Nacionalistas and the Liberals fought tooth and nail to jostle with each other to propel itself to power. Then came the Uretas, Diapos, Nabors, Nalangans, Legaspis, Gonzalezes, Orbistas, Inosantos and now for the last 4 years the Gubatinas; who were the champions in there own right and in their own time and space. And so were the Navarretes, Lims, Nalayogs, Nemises, Narvaezes, Nalupas, Salazars, Sottos, Palabricas, Nerviols, Niduas, Nedics, Naduas, Nillascas, Castros, Cometas, Nacors, and all other political clans not hereinbefore mentioned but similarly as devoted to their own cause as the others into achieving their goal of creating a well-balanced, self-sustaining and a happy community that we all call home now;

The 1987 Cory “People Power” Constitution however allowed the multi-party system that forged new alliances. Re-alignments were the fun of day. Political butterflies sprouted like mushrooms everywhere hopping from one pot of honey to another. We have a President elected by plural votes and not by traditional majority votes that is ½ + 1. Everyone was on a rampage by the thought of making new allies and party shopping spree - as we all know - continues to this day. Madalagnons however remained as defiant as ever and with such passion as they can be by continuing to maintain the status-quo of the old past; the two-party system. Some progressives and other prospecting but similarly good hearted people started out by jumping off the political fence to the other side but were greeted with bias, hate and suspicion and became non-entities themselves. Those who ventured into being independents learned their lessons the hard way. People of Madalag were not yet ready to accommodate long time political adversaries to live under one roof and preferred their old ways of doing things separately as they did some decades past.

Madalag is a closely knit group of conservative political families helping out each other and relying on one another. The battle is on between the Nacionalistas and the Liberals - no matter what you say or do it still lingers in our midst today and will always be so, forever. That is an age-old tradition and you don’t simply break it; it will even break you to pieces if you try to dismember it. So, either you are in or out of the fence are not really an issue here but both contending parties never allowed any member to be between two opposing sides of the fence or they both gang up on you. That’s basically the fundamentals every young and upcoming politician should learn and always remember. Alliances are constantly renewed but the party never allows its members to shift gears and change course midstream or as they so pleases. Stick to your desired flight plan and never veer away from your planned course of action. Soon, you will reach your destination earlier than all the rest because wisdom dictates that the nearest path between two points is a straight line.

2007 Election Related Matters:

It is the object of this study to provide both party leaders and members alike and all other parties-in-interest of first-hand information of all facts and truths relative to the just recently concluded local and barangay elections of 2007. But, focus and attention is extraordinarily emphasized here by me to give the reader a bird’s eye view of what really happened and how best one will recognize its own shortcomings, failures and omissions that led to our party’s downfall. Why? A lot of questions rather than answers kept cropping up my mind. What exactly were the reasons behind our dismally poor performance in the last elections? Following guesses will perhaps offer some of the answers to all these questions: If lack of resources was partly to be blamed, here are a few, if not all of the big time rollers:

Ureta Clan PHP 300,000.00

Augie/Tessie Bugarin 1,200,000.00

Legaspis of Canada 600,000.00

Orbistas 1,000,000.00 (+/-)

Mabeth 300,000.00

Provincial Headquarters Party Contribution 1,000,000.00

Others 500,000.00

Total Estimate . . . . . . 4,900,000.00

If my assumptions were correct, the party should have expended more than PHP 5,000,000.00, all in all. But the real question remains: where did all those amounts of money go? Was it spent wisely? Who approves who gets and who does not? Who keeps all those money? Was there any paper trail to follow so we can be certain that indeed it was solely used for the purpose it was set aside in the first place? I think we need to conduct a thorough investigation of how much money we’re able to raise and know exactly how it was spent. Did we really get the best value for money? Robin Hood culture for all intents and purposes though commendable to one is likewise abominable to another, depending on which side of the ballgame you are in but sadly the realities on the ground show that the Party or any political party for that matter operates this way however. Example: W gives X and he gives it to Ys and Zs, As and Bs. Trouble starts when X keeps some of it for himself and only gives a fraction of what was intended for both Y and Z, A and B of their fair share of the bounty. But what happens when X keeps all of the bounty for himself? So, X is a very important link to this cycle of cash changing hands from one person to the other.

I overheard one barangay captain clamouring for the deficiency of funds allocated to him. I found out that the Party-In-Charge of distribution equally divided the whole pie into eight (8) equal parts or 1/8 per candidate for councillor. Each candidate is being assigned three (3) barangays to oversee so he has got to slice his 1/8 part pie into three (3) equal parts. Now, supposing A has 30 voters, B 200, and C only had 15? How do you equitably share it amongst them? Simple! If you had 300 you don’t give each one of them 100, right? You add the total number of voters in all the three barangays that is 245 and divide the 300 by 245. The catch is, you only had to determine how many of the 300 voters are really with you and they are your priority. Either way however, it does not work that way too; indeed it does not work that way at all. Why? Because all the candidates should never involve themselves handing out money left and right. It should have been exclusively handled for them by the Party working as a whole. It starts this way. You had a copy of the list of voters. In one single day, the list will be checked by the locals themselves and pick out those that are with the Party and so too, of the names of those against us. Now, you knew exactly where you stand from the very beginning, right? You knew in that instant either your Party had lost or won in that barangay in the last elections. It is now up to you what to do next. It requires a series of validations and/or revisions before the Party finally approves a patent payroll of whoever gets how much and who does not. It is a very tedious process to filter out the list from impurities, or of impostors. This is the most difficult of all the legworks during the campaign period. You don’t simply throw away money like that. Every bill has a face value and the name of the character is imprinted on it. So, every bill paid should have a receipt, simple as that. How do you account for it if you don’t have a receipt? The real trouble really is the lack of it!

Let’s compare it with the other party which in Poblacion alone were able to pay 1,000-2,000 per head. And they make sure that the deal works. Someone follows somebody somehow. Man to man strategy really works. Very efficient! They assign individuals the number of voters they can try to win to their side; they soon follow it up from time to time. Sometimes, some people would approach you that they were 20 strong in their family. Check to verify their claims. And give them what they want in exchange if you are convinced that indeed such claims were authentic. They even make these people accountable showing how much each one was paid by whom and when and where. How much exactly we were able to give to our constituencies is a very big question mark?

Our inherent failure to watch over the Party’s resources simply implied one truth; it is our indifference during very crucial times in the campaign period that on the very moment that we would have kept our eyes wide open to protect it from pilferers, we just turned our backs hoping that somebody would watch it in our stead. Apathy, boredom, lackadaisical attitude and lethargy consume most of us and we have simply let our guards down. We easily got tired and simply waited in the sidelines for things to happen as they evolve before our very eyes. Lit the fireworks till it glows the sky? Start the fun! Forget about what you did last summer and let’s all together go and kick some ass. Let’s make things happen instead, volunteer yourselves, involve in as much as you can to better contribute to the Party, just keep right on and simply do your best and be the man or woman as best as you can be. While we were all fast asleep however, magic works for the sitting Mayor. We will try to know him better by reading out loud his accomplishments and near mishaps as well, to be just and fair to him.

Historical Background:

1. Rex, then the municipal treasurer was compelled by the COA to pay through salary deduction and reimburse the government of 300000.00php that was found wanting in the town’s coffers that is in trust to him;

2. Rex, immediately upon the untimely demise of Nong Toto wrestled with Dongdong and proclaimed himself as the presumptive nominee for mayor of the opposite camp. Dongdong, who at that time was out-of-town on official business felt betrayed by Rex who entreated himself with all their party leaders doing all sorts of precise tactical maneuverings; that in one instance he even threw a lavish dinner party in the guise of him celebrating a birthday, but such show of gladness was intended primarily to win support for his ambition to bag the nomination. He was in truth and in fact only the alter-ego of Bobot, his younger brother who was then an incumbent SB member and touted to be his father-in-law’s heir apparent but the temptation to leave for the States and the promise of a greener pasture did him in.

3. When Dongdong arrived home from that study tour, he immediately got back to work to try to win back support for himself but, the die was (already) cast. Instead, he was offered to be Rex’s running mate but being the next most senior party leader and the incumbent Vice-Mayor of that time, he felt short-changed and turned down such offer of goodwill flatly and without any pre-condition whatsoever;

4. Kol Lando presented himself to be Rex’s running mate in what was otherwise known to be as a marriage of convenience, to consolidate their conjugal quest for absolute power in Madalag;

5. Dongdong was soon invited by Bogot to attend the opposition convention and was offered a slot in the SB only as a SAGIBIN candidate but did not accept it. He tried to entice Eunice instead to give up her post as the official Vice-Mayoral candidate, but to no avail. Dongdong ran and lost as an independent candidate for vice-mayor in 2004 but reversals of fortune indeed do come true when again as an independent candidate for councillor in the elections of 2007, he redeemed himself by winning a comfortable margin over the other candidates;

6. In 2004, Fathers Budol, Tikboy and Nestor contributed a million pesos each to launch Rex’s candidacy. About 1,500,000.00php was earmarked for Alaminos alone. As we all knew then, dollars ceaselessly flowed into Madalag and a lot of people were in a frenzied mode making money here and there. Rex was presumably the right man in the right place at the right time when in the elections of 2004 as the administration’s candidate, both Miraflores and Marquez provided him with so much logistical support and resources while Tay Rk was given by Fernandez then the opposition’s bet for governor with a measly 10000.00php on the run up to D-day;

7. The conjugal domination of Gubatina-Inosanto Enterprise(s) by all accounts, enjoys or still wanting to continue to enjoy the trust and confidence of the people of Madalag. Truth is, in the guise of public service and public good they both help each other out and using every opportunity that comes their way to make some money first and foremost thereby enriching their own selves almost overnight – regrettably at whose expense - but out of our own misery.

What You Do Know and What You Don’t Know?

Warning: (If you score perfectly, you are either Rex or Lando yourself)

1. Did you know Madalag has the highest appropriated budget for the purchase of drugs and medicines? Second only to Kalibo in terms of amount? That it is enjoying a special DOH privilege being chosen as one of the most DDU (depressed, disadvantaged and underserved) municipality hence it was included in their special health programs?

2. Did you know that emergency purchases falling below an aggregate value of 50,000.00php does not require bidding at all?

3. What happened to the Early Child Care and Development (ECD) Program? It was supposed to be composed of a Committee who’s Chairman must be a Social Worker but the Mayor did not appoint Annie -who is a Social Worker by profession- simply because of her being a contra-partido. In so doing, Madalag was deliberately scrapped out of the program because of this handicap and to the detriment of all the children of Madalag who are supposedly the intended beneficiary of this multi-million pesos special government social services program.

4. Did you know of any medical services our local hospital provides?

5. Have you ever been confined in our hospital?

6. Did you know that we have two (2) ambulance units for emergency use?

7. Did you know that we have another pick up truck assigned by the UN for use by the rural health unit?

8. Do you know the annual budget of Madalag?

9. And do you know how much is wasted due to red tape?

10. Do you know of anyone who does not render work at all but keeps on drawing salaries on the 15th and 30th day of every month?

11. Did you know how much money in infrastructure projects were released to Madalag during the incumbencies of both Lando and Rex?

12. Do you pass by or able to navigate the multi-million pesos agrarian reform farm-to-market road linking the barangays of San Jose and Mamba purportedly built to be a super-highway to propel the town to the challenges of the 21st century?

13. What about the 5,757,099.30php potable water system in the 20 barangays said to have benefited from these ghost projects? Do the rural folks of Ma. Cristina really enjoys tap water services and take showers each morning and the affluent ones now wallows in bath tubs as a result of this project?

14. Do you know how much we owed the Landbank for the construction of a new town hall?

15. We even legislated in a supplemental budget the additional amount of 500,000.00php for the installation of its glass panels and windows?

16. Another half a million pesos 500,000.00php were again legislated to be used for painting? This, to me is a triple kill of an already dead cow.

17. Are these things not included in the scope of work in the contract?

18. How about the bulldozer?

19. Do you know that we bought it for 1,480,500.00php?

20. And they sold it for a measly sum of 250,000.00php? Said that it was condemned because it is already unserviceable but Tinoy de Chino even drove it up to the gangplank and on to the trailer truck where it sits on its way to Iloilo who’s new owner now leased the same for 2000.00php per hour?

21. When each wheel carriage alone cost 300,000.00php in the second-hand market and it had two?

22. Did you ever wonder how much each block of red brick tiles used to beautify the plaza cost?

23. That the Gubatinas bought a brand new Nissan Frontier Titanium and had it registered under the name of his sister Cyd purportedly the real owner and in whose name it was registered?

24. That soon after 2007 elections he again bought another brand new Nissan NAVARA black pick up truck for 1,500, 000.00php, more or less?

25. And uses public money on gas to go home to Kalibo every now and then, but oftentimes using both these two pick-up trucks?

26. That, when Rex first applied as municipal employee he doesn’t even have the most modest means of transport, because he even can’t afford to buy a bicycle for himself?

27. Did you ever wonder why all of a sudden he enriched himself overnight and now possesses all the comforts of life that he did not once enjoy in Kalibo as an unemployed?

28. That Rex does not pay any real estate taxes in Madalag? Nor owns any real property in Madalag?

29. That, is it not ironic that he who gives nothing back to the coffers of Madalag gets even more in exchange?

30. How much exactly does he earns as commission extraordinaire par excellence?

31. Do you know that the following day after any activity in Kalibo e.g., watching basketball games during the Governor’s Cup, etc. where Boymabel buses are being used to transport people from Madalag to Kalibo and vice-versa, a voucher is immediately presented with the Municipal Treasurer to collect vast sums of money purportedly as service fee or arkila? Bukon ta gali it libre? And they want these people to believe ag napabug-ak pa nanda nga mawron sanda ka maatag? Basi do limos sa namatyan o pag-service sa eubong o pagtao it hollow blocks ag baeas, may voucher man?

The list is endless. If we do not do anything now, and the culprits are not pursued legally and relentlessly to stop - if not totally eliminate the same - this culture of graft will undoubtedly bleed the town dry. The recent typhoon Frank proved how best or inept any local government executive(s) responds to calamities and emergency situations. No calamity funds were ever released to all those severely affected because there isn’t any amount allocated for the purpose. Foreign aid dole-outs brought by the US Navy helicopters such as toblerone, spam, imported corned beef etc. were even replaced by locally branded tinapa and lucky me noodles. And NFA rice was sold for profit instead of distributing it to the people. Let us pause for a while and ponder on other quite relevant issues and concerns and take some lessons while we go through various points of interests………………….

Refresher Course On How A Party Works.

Let us examine ourselves as individuals first, and as a party second. Albeit grudgingly, I am compelled to make a rating on the over-all performance of the party as a whole in the last elections but leaves the pleasure to the reading public to do it for me instead:

1. Organization. It means, that a good organization enjoys mass based support among the following:

· youths,

· non-government organizations,

· church and the religious,

· Elected barangay officials, past and present

· private individuals e.g., landowners,

· the police and the military, active or retired

· the farmer,

· the worker/carpenter or the daily wage earners

· employers,

· government employees and officials living in the locality,

· senior citizens groups, the retired (grey) segment of our society,

· the handicapped and the disabled,

· the disenfranchised,

· the disenchanted,

· the merchants and entrepreneurs,

· even the boatswain and their dependents,

· people in the transport industry,

· and our fellow kababayans living locally or elsewhere in the world who provide for their kinfolks back home the regular financial support that they need and

· business leaders if there’s any;

· school and the academic community,

· the left-wing organizations, even their armed groups,

· various religious leaders,

· the health workers,

· Transient, temporary residents or itinerant individuals or groups doing their means of livelihood in Madalag etc.

These are the various groups of people who are reputed to be the silent majority whose swing votes we always desire to harness in our favour. Access to them on a network basis should be constant and relentless to cement the bonds that keep us as a strong opposition party together.

2. Logistics and Support Requirements. This means monetary expenditure outlays necessary to carry out specific, impending or present and long-term objectives:

o Local Party Headquarters: There must a Chief of Staff empowered to go between candidates and party folks alike. He calls the shots when needed. He must be well-versed of the local political history and should have a support staff of at least three (3) volunteers on duty 24/7 alternating one after the other who each have to render service on an 8-hour work shift.

o Volunteers: Recruitment of volunteers should be any party’s prime concern. They will be the frontline runners to distribute leaflets and other campaign materials that would include but not limited to posters, slogans, banners, personal data sheet, pamphlets, souvenir items, t-shirts, pens, hats, umbrellas, reading materials, platforms, ideas and beliefs, catch phrases, symbols, etc. House to house campaign sorties are a common activity of volunteers alongside the party candidates but oftentimes they can do it alone by themselves;

o Poll Watchers: They are appointed from among the willing volunteers where they are usually paid the equivalent of three (3) days worth of pay;

o Communications and Public Relations: Being the nerve centre of any organization, it has to be equipped with the latest communication technology e.g., handheld radio operating on a secured frequency, cellular mobile phones must have a private access hotline, internet access on a platform operating 24/7, a laptop or a couple of other complementing pc’s, copying machines/photocopiers, bluetooth/infrared and usb capable pc’s and printers to facilitate fast accumulation, duplication and transmission of data and crucial documents. A permanent radio operator is also desired. This is one department that should be given all the necessary logistical support. And put professional people to run it. Failure in communication should never occur much less allowed. Remember the passage in the Bible about the lost sheep? Let us reach out to them all over again and with open arms. Look for all those people who turned their backs on us, maybe they were not invited for a cup of coffee or a couple bottle of beers? Incident reports whether real or imaginary should be dealt with accordingly and with despatch.

o Comprehensive Database: List of voters, past election official results, names of ward leaders, contact persons, intelligence gathering personnel, destabilization work groups, volunteer groups for poll watchers and their support groups, etc. should be complete and ready for review and revalidation all the time.

o Transport: Free transport should be provided to all visitors going in and out of the local party headquarters; One must secure a ride coupon to use to avail of free transport from point of origin to point of destination and that same coupon will be surrendered by the driver later to get the cash equivalent of its face value that should be printed clearly and countersigned to determine its authenticity;

o Vehicles: A standby vehicle must be parked at the headquarters and on a standby mode, 24/7 ready to spring out in a moment’s notice;

o Food & Drinks: Nobody should go home hungry and destitute after a visit to the headquarters;

o Emergency Response Team: Immediate response is often needed to emergency calls received emanating from party mates in far-flung barangays;

o Security: All candidates should be entitled to one (1) security personnel of his choice. Barangay caucuses and meetings require added security preparations. The headquarters will be covered 24/7;

o Cash Department: Wads of cash in various denominations should be kept in trust with the appointed party treasurer who should be elected in a plenary vote. All donations received by any party official or candidate or individual party member contributions should be endorsed in full to the party treasurer who will see to it that the same is properly receipted and recorded in the books of account for future scrutiny. No other person is allowed to keep money intended for the party in his/her care unless otherwise allowed by the proper party authorities;

o Accounting: This branch is distinct and separate from the party treasurer but they should work closely together;

o Disbursement: All releases of funds shall only be made possible upon approval of a committee created for the purpose that no single person can disburse party funds at will or at his own discretion and/or at any time as he pleases.

o Fund Raising: It is every party member’s solemn duty to contribute to the party’s coffers, in cash or in kind. It is disheartening to note however but it is a sad reality that we cannot deny that he who got less cash eventually ends up a sore loser in this blood-sport game of politics. Always remember that, folks!

3. Special Operations/Dirty Tricks Department. This department is solely responsible for the promotion of all party efforts to wreak pain and havoc on the gains of the contending party and sow confusion and unrest among the population:

I. They are responsible to carry out destabilization campaign efforts thru the tri-media by spreading falsehoods and propaganda materials containing but not limited to lies and half-truths with the end in view of undermining the credibility, image and personal reputation of a target candidate.

II. They are also tasked to pinpoint potential out-of-town voters and to cause their eventual transfer of registration with Comelec - at cost to the sponsoring party - to any voting precinct of their liking.

III. They are bestowed with so much resources and enormous discretion to decide on certain issues and activities on the spot as they may seem fit and proper in the furtherance of its party’s objectives.

IV. In extreme cases, coercion, intimidation and other forms of harassment is employed by them to be able to meet their goals of effecting pre-determined results.

V. Superior power or show of force oftentimes imposes itself as a deterrent to protest and the utter submission by the individual or groups concerned that they have singled out as subjects of their operation.

VI. The fear of losing one’s life or the life of another loved one(s) or of his/her livelihood is one of the most effective tools of quashing any resistance.

Note: (The foregoing information contained in paragraphs I-VI were not intended by the author to be the recipe of our success in 2010 but rather it is only narrated to give emphasis of the fact that these things are sometimes resorted to by other people in order to ensure their winning formula of success because it works in one way or the other).

WELL, FOLKS IF you find this material relevant to you and want to share your experience and thoughts about Madalag, OR OF THE STARS PORTRAYED HEREIN I am encouraging you to contribute your own story here. Thank you for your time and see you soon.


In Attendance were:

  • Mr. Juan Extyn I. Inosanto, Presiding
  • Atty. Dangal Z. Nadua, Appointed Secretary
  • Hon. Mauricio N. Navarrete
  • Mr. Luis Archimedes F. Orbista, Jr.
  • Mr. Elvi I. Tamayo
  • Mrs. Mildred N. Sioco
  • Hon. Hannibal N. Cometa
  • Hon. Nacianceno N. Nemis

  • Also Present: Mr. Albert C. Nacasabug, Supply Officer

Mr. Alfeo Trinidad, Guest

  1. The meeting was called to order by Extyn and requested Hannibal to lead a prayer.

Note: For simplicity and easy name recall, given names are used in these minutes instead.

  1. The Presiding Officer or hereinafter referred to as Extyn welcomed everyone and told them that the meeting was called in order to conduct an in-depth analysis of the just concluded local and barangay elections of 2007. He reiterated further that unless we thoroughly study the past we won’t be able to appreciate the realities of the present and may just commit the same mistakes again in the future;

  1. All the core group members were earlier supplied with the copy of the confidential post-election 2007 analysis report prepared by Extyn himself being submitted for approval by the core group subject to the concurrence and adoption of the party as a whole in a plenary vote at a later date to be called for the purpose;

  1. Much time was devoted to the complaint made by the former barangay captain of Paningayan, Nasing with the Commission on Audit Regional Office VI and of the other nineteen (19) barangays concerned in an official Report of Disbursement Potable Water System (In 20 Barangays) both signed by the Mayor and Municipal Treasurer, respectively;

5. It appears that for the period December 2006-October 2007 the amount of FIVE MILLION THREE HUNDRED NINETY SEVEN THOUSAND NINE HUNDRED NINETY PESOS & 08/100 PESOS (PHP 5,397,990.08) were appropriated and likewise disbursed by the local government of Madalag, Aklan out of the allocated (PHP5,757,099.30) or a reported completion rate of 93.76%. Note: Please see attached copy of report;

6. To expedite the transmission of said complaint, Extyn asked for the copy of the said complaint and asked the group that if be allowed, he will instead submit and personally hand-carries the same to COA Regional Office VI, Iloilo City. Note: On September 4, 2008 Mr. Joe Cabarles received the letter-complaint and he promised to Extyn that he will personally attend to this complaint and he referred it yet again to Mr. Jun Cabahug, unfortunately however we have yet to hear from them even after some three (3) months that has since passed;

  1. Upon scrutiny however, we indeed found out that despite claims made by Hannibal that only 5 water systems out of the 20 barangays mentioned in the said report were not yet implemented at all, we are convinced of the fact that such funds were used to bankroll the candidacy of Rex and company in the local elections of 2007 and;

  1. That, we are of the belief that a thorough audit and inventory by the COA is just and necessary to determine the veracity and truthfulness of these claims;

9. Extyn reported that said copy of the report of disbursement signed by the mayor and the municipal treasurer came from the party chairman himself, the former mayor Archimedes N. Orbista, Sr. or Rk as hereinafter referred to in the succeeding paragraphs, and he wants Extyn to do what is necessary to ferret out the truth and make sure justice is served; (Note: To ensure that the order of the chairman is fulfilled Extyn took to task to do the following):

· Upon receipt of the report, Extyn went straight to Atty. Florencio D. Gonzales or hereinafter referred to as Olen to file the necessary graft cases in court against Rex but Olen cautioned Extyn not to bring this matter out to the attention of the media just yet and warned of the possibility that all the signatories in the disbursement vouchers may just be found as guilty as Rex himself and he asked Extyn if he can call the personnel concerned to come to his office the following day;

· On Saturday, August 23, 2008 Olen summoned both Albert and Amy to his law office to shed light on the matter and Olen was dismayed finding out that the labour contractor mentioned in the report who is Rosalina I. Flogen or popularly known in the town as Rose, the wife of Taba Flogen who by public knowledge is not a duly licensed entrepreneur to do business with government and was only used by Rex supposedly to act for and in behalf of an NGO, that is NGOKNGOK which bagged the labour contract cost of PHP1,200,000.00 more or less. We find this “kalo-kalo bihon” utterly repugnant, revolting, nauseating, and strongly condemns this abhorrent criminal act in the truest sense of the word;

(Note: This is another violation of the provisions contained in Article 4.4.8. of COA Circular No. 2007-001 dated 10-25-07 that explicitly prohibits and automatically disqualifies any NGO to do business with the GO whose incorporators, organizers, directors or officials is an agent of or related by consanguinity or affinity up to the fourth civil degree to the officials of the GO) for as we all know NGOKNGOK regularly joins the annual Kalibo Ati-atihan as a participating Ati tribe since the 90’s and the only Atis in the cultural minority groups doing multi-million pesos contracts in Madalag. Its organizer Pusoy Gubatina and the whole Gubatina clan in the mainland U.S. foots the bill every time they join the Kalibo Ati-Atihan; We are not privy however, if it’s a profit or non-profit organization but said NGOKNGOK vanishes as a group after conclusion of any Ati-atihan festival and resurrects the next time. No other noteworthy projects or activity was ever noted of this group that they have so far implemented or caused to do for the improvement of Madalag and its infrastructures, but is infinitely the only one and single most favoured contractor of Rex that is involved in a series of onerous, lopsided and questionable mind-boggling multi-million local government contracts that we believe; the extent and magnitude of its involvement to defraud Madalag and of all its unsuspecting people has yet to be uncovered;

· Albert insisted to Olen and Extyn that the supplier in this case, the Pastrana Construction and Supply is also a bogus company. He further states that Rex was fuming mad at him every time he won’t sign the delivery receipts for ghost deliveries and he was being coerced and harassed into signing false claims for so long now;

· Amy for her part told Olen that whenever a voucher is presented to her and that the same satisfies all the requirements for payment, all she’s got to do was to issue the corresponding checks. She further re-iterated that supply of materials is deemed consummated and delivered only if and when Albert affixes his signature to the receipt voucher and that it is no longer in her province to check the authenticity of said claims nor is she constrained by law to render judgment whether or not such a conspiracy to defraud government is in place;

· Amy and Albert said on the question being propounded upon them that both denied to having been offered nor given (even) a single centavo or of any gift whatsoever in exchange for their signatures on these questionable transactions;

  1. Dongdong, whose wife Edna is the municipal planning and development officer also told all those present that Rex requested that funds for the Dit-ana Water System project, a known opposition bailiwick should be re-aligned alleging that a Deed of Donation is still wanting and that it should be used for other purposes instead; (Note: Said donation papers was already submitted to and likewise received by Ramil as early as April of 2007 when he asked Boloy to have it signed by Rk, Rex’s erstwhile opponent in last elections, so it will be implemented immediately.)

  1. The proceeds however were believed to have been used later during the campaign period to buy votes for himself and against the donor/candidate and re-aligning it at this time is only to try to justify the reasons behind its non-implementation and as a desperate move by him to cover up and hide the truth;

  1. Diligent efforts made by the group to review the schedule of releases of funds contained in the Report of Disbursement revealed and confirmed our suspicion that indeed these funds were released immediately preceding the two elections of 2007 that even on a Sunday or on May 10th, 2007 on the very eve of the local elections, millions in government funds were being released in form of cash advances or VALE to Rex and his cohorts in cahoots with the supposedly bogus contractors; (Note: this is yet again another gross violation of the Omnibus Election Code prohibiting the hiring, contracting and/or implementing government projects.)

  1. On the matter regarding the pronouncements made by Rex himself earlier that whoever becomes his opponent in 2010 as he was quoted to have been heard as saying “bisan times ten pa!” unquote, Dongdong supplied the answer by telling us that a project study is underway for the implementation of the Two Hundred Forty Million Pesos (PHP240, 000,000.00) Aklan River Project. We believe that he is setting his sights on this grandmother-of-all-scams project to again make money by recommending all his dummy underlings and tried to make representations with the governor and all other regulatory bodies to avail for themselves immensely huge areas for a quarry permit(s) so they can sell it for a fee to any contractor every grain of sand and gravel that may be needed - like they were the only chosen ones by the Almighty to reap the riches of the earth;

  1. Extyn then asked of any errors they found in his own report and the following were found to be erroneous and said articles have to be corrected;

· Green pick up was bought by Grace and consequently sold to Bubol for PHP70,000.00;

· Black pick up was bought allegedly by Cyd and is now being used by Grace and family;

Note: Proof of purchase must be examined and source(s) of funds must be established whether or not they have indeed the means to acquire the same at the time of purchase;

· Nissan NAVARA bought by the municipality for use by the office of the mayor.

· On Dongdong: that he was invited by Bogot to attend the opposition convention and never presented himself out of his own volition and of delicadeza. He was offered a slot but only as a SAGIBIN candidate. He reiterated the fact that he requested Eunice to give up as vice-mayoral candidate but failed;

  1. When confronted by their seeming conciliatory attitude and indulgence towards the majority of the members of the SB on certain critical issues, Dongdong and Boknoy claimed and considering the fact that they are the only ones comprising the minority bloc, there is nothing much that they can do to thwart or foil any attempt by the majority to get all issues and concerns done their own way, in whatever way; as long as it is their way. Intelligent discussions and verbal tussles or exchanges on any issue that is being brought upon them for deliberation, consideration and resolution are immediately discouraged and/or stymied by Lando, the Vice-Mayor and Presiding Officer of the Sangguniang Bayan of Madalag, Aklan as it is customary of him to immediately call to divide the house whenever an objection is about to be raised. (Note: Sounds familiar! We may have the wisdom but they got the numbers.)

  1. There being no other issues raised in the report that were challenged, the same was deemed APPROVED in principle, and “in toto”.

  1. On the matter of public/party interest, we came to know about that the engineer, mpdc, treasurer, accountant, budget officer, bookkeeper and the supply officer were ALL appointed to their respective offices by Rk himself and most if not all of which were signatories to the vouchers in question.

Note: Why Rex was able to fool around all these opposition appointed ladies and gentlemen is one of his extraordinary attributes, setting a record to break in the future - that in his utter desperation to perpetuate himself in the reins of power and governance became too bold and audacious enough by resorting to commit a series of violations of the Anti-Graft And Corrupt Practices Act amassing millions and millions of pesos in kickbacks and commissions and ghost deliveries. I believe that Rex, reputed to be the most corrupt mayor of Madalag will forever linger in the annals of our town’s political history.

  1. It was resolved that all party members who are related to these poor employees being subjected to and themselves becoming reluctant and unwilling victims of coercion, intimidation and harassment by the incumbent Mayor;

· That they will all be asked to repudiate any requests for payments or to ask them to refrain from signing any document that they presume to be questionable in nature; and

· To require them to strictly observe, follow and conscientiously adhere to all laws and/or related but specific instructions specifically those guidelines set forth for the purpose as contained in the New Government Accounting System (NGAS) manual of 2002.

· Further, we will provide them with a lawyer whom they can turn to anytime they need legal advise;

  1. That the party uses its influence over these employees to implore them to refuse, frustrate and/or otherwise negate every effort or opportunity by the incumbent to continue to defraud government;

  1. Extyn announced that some fifteen (15) individuals already signified their interest to run for the 8-councilor elective seats at the SB. It has been suggested that for purposes of getting the best men/women in the line-up, a party convention/election is necessary to elect the official line up comprising the candidates for councillors;

  1. Extyn proposed a 4-2-2 equation for him, Rk and Felix to fill up, by sponsorship. It was resolved however to bring it up to the party plenary instead.

  1. Extyn announced that one party member/donor wants to bankroll our efforts in 2010.

  1. It was resolved further that individual candidates will be required to contribute to the party funds as a requisite for entry in the official line-up because the party believes that overwhelming logistical superiority in terms of both money and manpower is essential to attaining that elusive opposition party’s success in 2010.

  1. Extyn reported to have met with Wene Naplaza and Roger Zaradulla, respectively earlier that day but did not disclose with the group the gist, substance or masculin essentiel of those two separate meetings he had with the two gentlemen earlier mentioned claiming that it was still premature to say or speculate any probability of their joining up at this time;

  1. End of meeting at 2:30p.m