Ombudsman indicts ex-Surigao del Norte Gov Matugas, another ex-official in P60-M purchase of learning materials in 2022

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The Office of the Ombudsman (OMB) has approved the indictment of former Surigao del Norte governor Francisco T. Matugas and another former provincial official for the alleged illegal use of funds in the purchase of learning materials worth more than P60 million in 2022.

In a 35-page resolution, the OMB ruled that it found probable cause to indict Matugas and former officer-in-charge provincial budget officer Ma. Myrla S. Padayhag for “Illegal Use of Funds or Property, in relation to the transfer of funds to the Department of Education-Surigao del Norte and Siargao Divisions of at least P60,000,000 drawn from the funds of the Provincial Government of Surigao del Norte.”

It pointed out that under Section 336 of the Local Government Code of 1991, government funds should be available exclusively for the specific purpose for which they have been appropriated.

The OMB said that of the P60 million, P20 million were used to purchase Disaster Risk Reduction-Climate Change Adaptation (DRR-CCA) learning materials. The funds were taken from the PDRRMO (Provincial Disaster Risk Reduction and Management Office) fund which was appropriated by Appropriation Ordinance No. 3.

It said that the fund appropriated by law should have been utilized accordingly and implemented by the PDRRMO as the proper implementing office.”

“Thus, it is clear respondents diverted the P20 Million from the purpose for which they had been originally appropriated by the Appropriation Ordinance No. 3,” it stated.

It also said that there was also P50 million released to three divisions of the Department of Education (DepEd), namely, Surigao Del Norte Division, Siargao Division, and Surigao City Division.

Of the three divisions, the OMB found the DepEd Surigao City Division took the advice of the Surigao del Norte Gov. Robert Lyndon S. Barbers “not to proceed with the purchase of the learning materials.”

Excluding the amount for DepEd Surigao City Division, the OMB said “P43,330,500, as certified by the Provincial Budget Office, were taken from the line items in Appropriation Ordinance 3.”

It said that “it is indisputable that the amounts used to procure the subject supplementary learning materials have already been earmarked by the appropriation ordinance for specific expense.”

The OMB also pointed out that in the release of around P60 million funds, “there was no ordinance authorizing Matugas to augment and transfer funds.”

“Hence, the realignment and disbursement of funds amounting to a total of P60 Million used in the procurement of the DRR-CCA mainstreamed learning materials and the supplementary learning materials had no basis…,” it added.

On the other hand, the OMB cleared the other respondents in the complaint that was filed in 2023 by Oscar M. Pospia Jr.

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