MANILA – Politics in Ilocos Norte rose several degrees higher Tuesday, after the camps of Gov. Imee Marcos and Rep. Rudy Fariñas traded barbs as the chairman of the House panel probing alleged tobacco tax misuse warned Marcos she will definitely be detained if she snubs the next hearing July 25.
The exchange peaked towards evening when reports broke that the Ilocos Norte provincial council had declared Fariñas persona non grata.
The congressman, sought for comment, said that would not really disrupt his work with his constituents.
“Not really. It would only affect those who voted for such as I will file cases against them for damages for the violation of my constitutional rights, as well as for a violation of the Anti-Graft & Corrupt Practices Act for causing me undue injury thru evident bad faith.
“I am a citizen of this country and no one, especially sangguniang panlalawigan members, can declare me, or any other citizen of this country, a persona non grata. Not even convicted criminals are declared as such. I am the duly elected representative of the first district of Ilocos Norte,and the Majority Leader of the House of Representatives.
“Such a declaration applies only in diplomatic relations, more particularly to aliens,” added Fariñas.
The exchange on who’s been misusing the province’s tobacco tax shares for vehicle purchases began with a press release from the Ilocos Norte provincial information office quoting lawyer Da Vinci M. Crisostomo as reminding Fariñas, who represents the First District, of his alleged case with docket no. OMB-97-2150, “Leonardo Velasco versus Rodolfo C. Fariñas,” at the Office of the Ombudsman (OMB).
Cherokee purchase?
Fariñas, then governor of Ilocos Norte, had been charged in 2002 with “Illegal Use of Public Funds” in connection with the purchase of a brand new 1995 Jeep Cherokee Laredo using a cash advance sourced from Republic Act (RA) 7171, or the Tobacco Excise Tax, said the press release from the provincial government.
The said Cherokee purchase was mentioned by one of the “Ilocos Six” employees of the Provincial government during the House of Representatives Committee on Good Government and Public Accountability’s fourth and emergency hearing last June 20 on House Resolution No. 882, investigating Ilocos Norte’s “alleged misuse” of tobacco funds.
“Mayroon ding special cash advance, long, long time ago, even yung purchase ng vehicle kahit noon pa. Kahit noong previous administrations,” said Eden Battulayan, officer in charge of the Provincial Accounting Office.
“Yung Cherokee, Sir,” she had answered when Fariñas told her to elaborate, the Ilocos Norte provincial capitol release said.
Crisostomo confirmed, “Kinapudnona, adda met cash advance ngamin ni Apo Fariñas idi iso ti gobernador a naggapo iti pondo iti7171.” (Sa katunayan, mayroon ding cash advance kasi si Apo Fariñas noong siya ay gobernador na galing sa pondo ng 7171.).
The “7171” refers to the tobacco tax law granting the tobacco-producing provinces a share in the excise taxes, with a stipulation this must be used for the welfare of tobacco farmers.
Supposedly, the Commission on Audit (COA) Finding 8 under OMB-97-2150 stated that regarding the Cherokee purchase during Fariñas termas governor, “There was no approved contract or purchased order perfected but instead there were communications between the contracting parties through fax and pro-forma invoices.
“Further, it was noted that there was no approval from the Department of Budget and Management and the Office of the President for the purchase of the car in violation of NBC No. 446 series of 1995.”
The provincial capitol release quoted Crisostomo stating in addition to the Jeep Cherokee, the fund had also been used to purchase a Ford Crown Victoria. He reportedly wondered aloud how Fariñas can question the purchase of multi-cab vehicles during Governor Marcos’ tenure when he allegedly used the same kind of funds for luxury vehicles.
Meanwhile, the same OMB memorandum detailing both the Cherokee and Crown Victoria purchases had charged Fariñas with seven more cases of Illegal Use of Public Funds as well as violation of RA 3019, or the Anti-Graft and Corrupt Practices Act, according to the press release of Ilocos Norte’s provincial government.
Disinformation campaign – Fariñas
Fariñas, however, reacted strongly to the allegations, calling it “disinformation.”
He denied that he ever used tobacco tax proceeds for a Cherokee or any other luxury vehicle.
Supposedly, two of the “Ilocos Six,” whose detention since May 29 Fariñas had been strongly supporting, were among those who testified and defended then-Governor Fariñas.
“I was never charged for using tobacco funds to purchase any motor vehicle. Isn’t it strange that they are talking of an alleged 1995 case or more than 20 years ago, but not about the present subject matter of the HOR inquiry?” Fariñas said in reaction to the allegations.
Fariñas said the only case he ever faced in the Sandiganbayan was for the alleged charging of a speedboat allegedly donated to the Province of Ilocos Norte by an association of Filipinos in Southern California. “I was acquitted by the Sandiganbayan as it was proven that it was I who actually and personally advanced the payment for the speedboat. Those are public records that may be found in the Sandiganbayan!”
The congressman reiterated that the law prohibits using tobacco funds to buy motor vehicles, and this is the subject of the present inquiry in the House of Representatives.
“This is what should be explained by Gov. Marcos and the Ilocos 6, especially the cash advances for the purchase of 115 motor vehicles from tobacco funds, without public bidding, at P465,000 for each multi cab that are allegedly Foton mini trucks. The exclusive distributor of Foton has testified under oath that not a single Foton mini truck has been sold to the province of Ilocos Norte.”
Fariñas said the Foton mini trucks’ mention in the public documents “is a clear case of falsification of public documents,” as he dared Marcos and the Ilocos 6 to bring to Congress the multicabs supplier.
He said since Marcos had sent the committee chaired by Rep. Johnny Pimentel two letters asserting that the mini cabs’ purchase was legal, all she has to do is appear on July 25 and affirm that statement under oath.
Marcos, however, has already sent word she will snub the July 25 hearing, on advice of her younger brother Bongbong, but Rep. Pimentel said the committee will definitely detain her, like the Ilocos 6, if she ignores the subpoena.
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