The Ombudsman found probable cause to charge former Iloilo Gov. Neil Tupas Sr., and three other provincial officials for graft in connection with the overpayment of unconsumed electricity worth P4 million to Green Core Geothermal, Inc. (Green Core).
Aside from the former Iloilo governor Tupas, Ombudsman Conchita Carpio Morales found probable cause to charge his Provincial Accountant Lyd Tupas, Assistant Department Head Sandra Bionat, and General Services Department Head Ramie Salcedo for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019).
The complaint involves the contract entered into on September 26, 2007 by Tupas Sr. and the National Power Corporation (later assumed by NPC’s successor, Green Core) for the bulk supply of electric energy for a period of a little over four years from September 26, 2007 to December 25, 2011.
Anticipating the completion of the proposed construction of the Iloilo Multi-Purpose Convention Center, the supply contract provided for an increase in the contracted energy from 185,000kWh/month to 400,000kWh/month. Due to the non-construction of the convention center in December 2009, Tupas requested the adjustment and reduction of the contract energy from 400,000kWh/month to 17,000kWh/month. In reply, Green Core applied the adjustment only for the period covering 26 June 2010 to 25 December 2011.
As a result, Green Core was paid the amount representing the contracted energy of 1,084,814.50 kWh although the actual energy consumption of Iloilo was only 515,180.50kWh. A total of P5.88 million was paid to Green Core although the actual consumption of the province amounted to only P1.88 million, resulting to an overpayment of almost P4 million covering the billing period for December 2009 to April 2010.
Due to the payments made, the Commission on Audit issued a Notice of Disallowance dated 11 January 2011.
Meanwhile, in the related administrative case, Lyd Tupas, Bionat and Salcedo were found guilty of Conduct Prejudicial to the Best Interest of the Service and Neglect of Duty and were meted out the penalty of suspension from the service for one year.
In the Joint Resolution, Ombudsman Morales stated that “respondents cannot sweepingly claim that they merely certified the disbursement documents to be valid, proper and legal, because if they really perused those documents they would have found the questionable nature of an electric billing that was unconsumed.”
Tupas Sr., is the father of Rep. Niel Tupas Jr.
Section 3(e) of RA 3019 punishes a public officer who, in the discharge of his official functions, acts with manifest partiality, evident bad faith, or gross inexcusable negligence causing undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage, or preference