(NAR) VOL. 7 NO. 2 / APRIL-JUNE 1996
This refers to the complaint filed by
"Friends of People Against Graft and Corruption" charging Samuel
Peñafiel, Regional Executive Director, Mariano T. Machacon, Regional
Technical Director for Forestry; Ely Nabua, Land Evaluation Party;
Terencio Taloma, Chief, Forest Resources Development Division; all
employees of the Department of Environment and Natural Resources (DENR),
Regional Office III, San Fernando, Pampanga, for two (2) incidents of
graft and corrupt practices.
As per report of the
Presidential Commission Against Graft and Corruption (Commission) there
are two incidents of graft and corrupt practices reported in the
complaint allegedly involving herein respondent,
namely:
I.
CORRUPTION INVOLVING REGIONAL
EXECUTIVE DIRECTOR PENAFIEL, TECHNICAL DIRECTOR MACHACON AND MR. ELY
NABUA.
The complaint alleged that in
consideration of the certification of the accomplishment of the latter's
Surveying, Mapping and Planning (SMP) Contract for 1,000 hectares in
the province of Tarlac, respondent received P160,000.00 from Greentech,
Inc. despite the fact that its accomplishments therein were far below
standards and that the required technical report of said company was not
presented to the DENR Committee for review and acceptance and that the
maps submitted by it were actually tampered with by respondent to make
it appear that there was compliance with the requirements and conditions
of the contract. The complaint also alleged that it was respondent Ely
Nabua who encashed the check in favor of Greentech and that P100,000.00
was divided between Regional Executive director Penafiel and Machacon
and the balance of P60,000.00 was pocketed by
Nabua.
The Commission found no sufficient evidence to
hold respondents Regional Executive Director Samuel Peñafiel, Regional
Technical Director Mariano T. Machacon and Mr. Ely Nabua liable for
falsification of the data/maps of Greentech, Inc.'s accomplishment
report. Respondent Machacon explained that on 21 September 1993, he
advised Greentech that its accomplishment report was not in accordance
with existing guidelines and required it to rectify the same. (Annex
"F", Counter-Affidavit, Machacon). In view thereof, he directed the Land
Evaluation Party (LEP) composed of Peter Tuscano, Cartographer, Alfredo
Leproso, Team Leader and respondent Ely Nabua, regional LEP coordinator
to do sampling validation of the area and to evaluate Greentech's
accomplishment. The LEP inspected and validated the accomplishment of
Greentech and on 5 November 1993, issued a certification to the effect
that Greentech has rectified/coordinated all data/maps of their SMP.
(Exhibit "4").
The charge that herein respondents
divided among themselves the P160,000.00 check their office issued as
payment for services rendered Greentech is not supported by evidence.
Contrary to complainant's allegation that respondent Nabua encashed the
said check, an examination of said check revealed that the same was made
payable to Greentech, Inc. and encashed by Mr. Luis L. Laudencia,
Manager of Greentech, as shown by the endorsement on the dorsal side
thereof. Moreover, Laudencia himself denied respondent's alleged
extortion from him.
It is worthy to note that the
assistance of National Bureau of Investigation (NBI) was sought by the
Commission for the investigation of this case. On 8 August 1994, NBI
Agent Leopoldo G. Andrada appeared before the Commission and testified
on their report of the investigation and declared that they found no
sufficient evidence to hold respondent's liable."
II.
ENTRAPMENT OF REGIONAL
TECHNICAL DIRECTOR MACHACON ON 10 JANUARY 1994 CONDUCTED BY NBI
MEN.
The complaint alleged that Regional
Technical Director Machacon was caught by NBI men receiving bribe money
from one Vilma Battad in an entrapment conducted on 10 January 1994 in
the former's office.
In his counter-affidavit, dated
25 May 1994, respondent Machacon denied that he was caught by NBI men
receiving bribe money from Vilma Battad, President of Likas Lakas
Kalikasan Foundation, Inc. (LLKFI), a non-government agency which was
awarded an Inspection Chart Map (ICM) contract by the DENR, Region III,
Machacon alleged that the 10 January 1994 incident in his office was
actually a frame-up.
Upon being informed by counsel
for respondent Machacon that there was also a pending administrative
investigation of the entrapment case with the DENR, the Commission
informed the DENR Secretary that it was taking over said investigation
pursuant to Section 4 Executive Order No. 151, as amended. Accordingly
the records of the DENR were submitted to this Commission on 2 September
1994. It was then revealed to us that aside from Mariano T. Machacon,
there was another respondent in this incident in the person of Mr.
Terencio Taloma, Forest Resources Development
Division.
In the hearing conducted before the Special
Committee created by the DENR Secretary, the version of the prosecution
may be summarized as follows:
On 6 January 1994 —
Vilma Battad went to the NBI and filed a complaint (see Sworn Statement
before Atty. Rustico Vigilia, Acting Chief, Criminal Intelligence
Division, Domestic Intelligence Service) against RED Penafiel and RTD
Machacon for extortion. Battad related to the NBI that LLKFI was
contracted by DENR. Region 3, for the inspection Chart Mapping (ICM) of
reforestation projects in Olongapo City, Botolan and Zambales. The
contract cost P220,000.00. Sometime in October, she went to the DENR
Region III Office to follow-up the payment for LLKFI's services. She
talked with Forester Taloma, Chief of the Forest Resources Development
Division and was informed that the voucher was still with RTD Machacon.
When she sought Machacon, he told her to go back and talk to Taloma. As
instructed, she went back to Taloma who then informed her that RTD
Machacon was asking for P30,000.00 for the release of the check. She
agreed to the demand. She got the check on the third week of October and
met Taloma who commented to her that she might not return (to give them
the P30,000.00 demanded by Machacon). She replied that she will be back
after encasing the check. She went back to the DENR office sometime on
mid-December 1993 and informed Taloma that she did not have the money
yet as she had just come from the field. She promised to deliver the
amount on 22 December 1993 but did not return on said date. Instead, she
sought NBI assistance and an entrapment was
planned.
On 10 January 1994, about 1:30 p.m. she
handed the "marked" money to RTD Machacon in the presence of NBI Special
Investigators Auralyn Pascual and Lauro Nacis. Machacon allegedly
received the envelope containing the marked money and with both hands
felt the envelope as if estimating its thickness. Thereafter, the NBI
agents pounced on Machacon and he was brought to the NBI, Manila, where,
after the necessary tests, he was found positive for fluorescent
powder.
The foregoing is supported by Battad's
affidavit dated 10 January 1994; and the affidavits of NBI Agents Alex
Advento, Lauro Nacis, Olivo Ramos and Cecilio Zamora, Jr., who were
members of the apprehending group that entrapped Machacon; photocopies
of cash money marked and dusted with fluorescent powder and the
certification from the NBI's Forensic Chemistry Division,
viz:
"Ultraviolet examinations conducted on
the dorsal and palmar aspects of the left and right hands of the above
Subject showed the presence of yellow fluorescent specks and smudges on
the fingertips. Further examinations on the pockets of his
pants and on the front side of his polo shirt yellow
fluorescent smudges." (underscoring ours)
On
11 January 1994, former NBI Director Epimaco Velasco filed charges
against MARIANO MACHACON y TAMAYO and TERENCIO TALOMA for direct bribery
under Article 210 of the Revised Penal Code and violation of Section 3
(b) of the Anti-Graft and Corrupt Practices Act before the Office of the
Ombudsman.
Accordingly, the Commission resolved to
recommend the following:
1. Dismissal of the first
charge for insufficiency of evidence; and
2.
Dismissal of respondent MARIANO T. MACHACON, including forfeiture of
retirement or gratuity benefits under the law.
3.
Dismissal of the charges against respondent TERENCIO TALOMA, he being a
non-presidential appointee, without prejudice to the result of the
complaint still pending with the Office of the Ombudsman involving the
same subject matter.
After a careful review of the
evidence on record, this Office adopts the findings of the Commission
and concurs with its recommendation.
Wherefore, as
recommend by the Commission, the charges against respondents SAMUEL
PENAFIEL, MARIANO MACHACON, and ELY NABUA involving an alleged bribery
of P160,000.00 from Greentech, Inc. is hereby DISMISSED for
insufficiency of evidence.
Respondent MARIANO
MACHACON, is hereby DISMISSED from Office, with forfeiture of retirement
or gratuity benefits under the law. The case against respondent
TERENCIO TALOMA, is hereby DISMISSED, he being a non-presidential
appointee, without prejudice to the result of the compliant pending with
the Office of the Ombudsman involving the same subject
matter.
SO ORDERED.
Adopted: 4
March 1996
By the
President:
(SGD.) RUBEN D.
TORRES
Executive Secretary