Entrepreneurial Farmer

Ambrosio R. Villorente

The Corruption Charge Vs Depositario

What happen to the complaint of the Bea Bern F. Gilbor of Kenbee Construction and Supply Company – Complainant and John Ray E. Depositario, engineer of DepEd Aklan – dependant? 

This case is a corruption charges filed against Depositario for three counts which are: 1. Violation of the Anti-Graft and Corrupt Practices Law; 2. Direct bribery under the Revised Penal Code, and 3. Violation of Code of Conduct and Ethical Standards for public officials.

Depositario is alleged to have been caught receiving an envelope containing P100,000.00 bribe money he allegedly demanded from a construction firm as a pre-condition before he signs the Certificate of Completion (COC) and other documents needed to collect payments for the school buildings and classrooms it has constructed in Aklan.

The Kenbee Construction and Supply Co. represented by Bea Bern Gilbor has a contract with DepEd worth P4,015,329.77 for the construction of school buildings. It has also another contract at P3,304,593 or a total of P7,319,922.77.

According to the said construction firm, the project was completed in Sept. 2011 and it demanded payment. But some documents must be submitted like the COC before payment is made. These documents need the signature of John Ray E. Depositario, DepEd engineer in Aklan.

But it was alleged Depositario demanded a share from the profit of the construction firm. He was paid P10,000 but he asked for P400,000. He later settled for P100,000.00.

An entrapment was made. On Wednesday, April 18, 2012, Engr. Depositario was entrapped at midday in the Cafeteria located at Magsaysay Park in front of the Municipal Hall of Kalibo, Aklan.

Engr. Gerlie E. Dela Cena of the Kenbee Construction occupied one table inside the cafeteria. The three NBI officials positioned themselves outside of the Cafeteria where all things happening inside the cafeteria are visible to them. 

When Depositario arrived in the cafeteria, Dela Cena handed the documents to Depositario for his signature. After signing, she got back the documents and then handed the white envelope said to contain the P100,000.00 Depositario demanded.

Simultaneously, the three NBI officers stood up and arrested Depositario on the strength of the warrant from the Ombudsman. 

Depositario was inquest on Thursday afternoon, April 19, 2012. He was released after paying the P60,000 cash bail bond. 

Where Is Depositario Now?

Where is Depositario now? What measure did DepEd do to him? Is there any administrative case filed against him? DepEd Aklan must tell the people to be transparent. 

To DepEd itself, Depositario has engaged the services of the Gepty Dela Cruz Morales & Associates law office of Kalibo, Aklan. 

In his “Omnibus Counter Affidavit”, Depositario alleged that complainant Bea Bern F. Gilbor is misleading and bereft from truth.

According to Depositario prior to the release of COC, a final inspection must be done which he did. After the inspection, a “punch list” was issued informing the building contractor of the depicts and requesting corrective measures. The punch list of works to be corrected is usually issued after the thorough evaluation of the work accomplished. 

In his Omnibus Counter Affidavit, the construction depicts Depositario alleged are not fulfilled. Did Depositario sign the COC? If he signed, why did he sign those needed documents if the depicts as stated in the punch list are not corrected?

The Need

For the DepEd Aklan, there is an urgent need to inform the people any measure it did to Engr. Depositario to protect the public interest. Why is this Depositario case tightly locked? It is air tight? /MP