The Office of the Ombudsman is set to file graft charges against Basilan provincial treasurer Mukim Abdulkadil for his failure to remit the contributions of the officials and rank and file employees of the provincial office to the Government Service Insurance System (GSIS), Philippine Health Insurance Corporation (PhilHealth) and Home Development Mutual Fund (Pag-IBIG Fund).
Abdulkadil faces charges for violations of Section 3(e) of republic Act No. 3019 (The Anti-Graft and Corrupt practices Act), Section 6(b) of the GSIS Act and Section 20 of the Pag-IBIG Fund Law.
Investigation revealed that based on Commission on Audit records, out of the total amount of P14,647,151.33 as of December 31, 2007, a balance of P3,685,726.12 had remained unremitted as of October 2008.
Abdulkadil invoked the volatile peace and order situation in the area as defense for the delay in the remittance but the Office found it unjustifiable considering that respondent failed to present evidence in support of his claim.
In the Resolution, Ombudsman Conchita Carpio Morales found that “no sufficient evidence was presented by respondent to show that the amount was fully remitted” and that consequently, “”the failure of respondent, being the Provincial Treasurer, to remit the balance of P3,685,726.12 constitutes gross inexcusable negligence, which caused undue injury to the employees of Isabela, Basilan province.”
Under Section 3(e) of RA 3019, a public officer who causes injury to any party in the discharge of his official functions through gross inexcusable negligence is liable for graft.###