THE Sandiganbayan Third Division on Monday ordered the arrest of two congressmen for their alleged involvement in government public works projects, an act prohibited by the Constitution.
Separate arrest warrants were issued against Party-list Rep. James Ang Jr. of Uswag Ilonggo, former Sultan Kudarat Rep. Arnulfo Go.
Ang is facing 14 counts of graft charges filed against him for allegedly operating a construction company while sitting in Congress.
In addition, the antigraft court issued a hold departure order (HDO) against Ang to prevent him from leaving the country pending the resolution of his case.
‘Accordingly, let a warrant of arrest be ISSUED against accused James Jr. Let a Hold Departure Order [HDO] be ISSUED against the accused,’ the order read.
The Ombudsman specifically charged Ang for violation of Section 3(h) of the Antigraft and Corrupt Practices Act, which prohibits public officials from having a direct or indirect financial or pecuniary interest in any business, contract or transaction that they intervene or participate in under their official capacity.
Based on the complaint, Ang holds a stake in a construction company that won P214 million in Department of Public Works and Highways (DPWH) contracts and was paid nearly P199 million for them while serving in Congress.
The Ombudsman said Ang violated the provisions in the Constitution that prohibits members of Congress from holding any financial interest in government contracts while serving their terms.
‘Conflict of interest is not a gray area. It does not require proof that a deal was rigged or that cash changed hands-only that a public official profited, or stood to profit, from a government contract while in office,’ Assistant Ombudsman Jose Dominic Clavano IV earlier said.
‘Here, and in many cases, the clear and thick constitutional line is constantly and blatantly being crossed,’ he added.
Likewise, the anti-graft court issued a separate arrest warrant and HDO against Go and three Lebak, Sultan Kudarat, municipal officials identified as Dionesio Besana, Allan Bayani and Mario Labrador owing to alleged conflict of interest linked to government infrastructure projects.
Go and his co-accused were charged by the Ombudsman last week before the Sandiganbayan for two counts of graft for alleged violation of Section 3(e) of Republic Act 3019 and two counts of malversation of public funds under Article 217 of the Revised Penal Code.
Section 3(e) penalizes officials for playing favorites or acting with reckless negligence, ultimately harming the government or giving unwarranted benefits to private individuals.