Poblacion II Barangay Captain Allan Ricardo Real is facing criminal and administrative charges before the Office of the Ombudsman over alleged missing barangay funds of over P2 million and the illegal purchase of a motorcycle.
Barangay Kagawad Arturo Cabagnot filed on Thursday the complaint accusing Real of selling to the barangay his own personal motorcycle and accepting payment for it in the amount of P40,000 out of public money, without any appropriation or prior authorization from the Sangguniang barangay of Poblacion II.
Cabagnot also accused Real of failure to account for missing barangay funds amounting to P2,078,608 and P100,000.
In a 9-page complaint-affidavit which was provided to the Chronicle, Cabagnot alleged that Real violated Sections 3(a) and 3(h) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act for allegedly selling his own motorcycle to the barangay for P40,000 and authorizing the payment of said motorcycle without the necessary appropriation or sanggunian authorization.
Real could not be reached for comment when the Chronicle tried to call him up until press time.
Cabagnot alleged in his complaint-affidavit that Real attempted to execute a Deed of Sale to transfer ownership of the motorcycle to Barangay Poblacion II, but realized that it was unlawful and instead directed the barangay secretary to convince the motorcycle dealer to write a letter to make it appear that their company “erroneously recorded” the sale in the name of Real instead of the barangay.
“The letter was a feeble attempt to cover his tracks because it is very clear that he (Real) owned the motorcycle and had in fact been using it as his personal service aside from the fact that the motorcycle did not bear a red plate,” the complaint states.
Instead of asking authorization from the sanggunian, Real allegedly “did not even bother consulting his barangay kagawads” besides the fact that there is no appropriation for said purchase in the barangay’s 2016 budget. Real allegedly authorized the motorcycle purchase himself.
According to Cabagnot, Section 3(h) of the Anti-Graft and Corrupt Practices Act (RA 3019) prohibits a public official to have a “direct or indirect financial or pecuniary interest in any business, contract, or transaction in connection with which he intervenes or takes part in his official capacity.”
Cabagnot likewise claimed that because Real induced and influenced the barangay secretary to help him perform an illegal act also constitutes a violation of Section 3(a) of RA 3019.
Moreover, according to Cabagnot, since the purchase of said motorcycle was made without budgetary appropriation and without any prior sanggunian authorization, Real is also liable for technical malversation of public funds.
In his complaint-affidavit, Cabagnot also alleged that Real failed to account for missing funds of the barangay amounting to P2,078,608 which was discovered only recently by the Commission on Audit (COA) when state auditors conducted a cash count and an inventory of accountable forms.
Moreover, there is another cash shortage amounting to P100,000 in the bank account of Barangay Poblacion II at Landbank.
Cabagnot said that the COA had been demanding from the barangay to “return and restitute” the cash shortage. However, instead of addressing the COA’s demand to account for the missing funds, Real purportedly relieved two barangay treasurers without holding them accountable for said missing funds.
Aside from the graft and malversation charges, Cabagnot also charged Real of administrative offenses for grave abuse of authority, gross misconduct, serious neglect in the performance of official duties and for conduct prejudicial to the best interest of the service. All these charges carry the maximum penalty of dismissal and perpetual disqualification from holding public office.