Metro Manila (CNN Philippines, October 11) — The Office of the Ombudsman dismissed the case involving former Tourism chief Wanda Tulfo-Teo, her brother Ben Tulfo and several others over an ad deal between the Department of Tourism and state-run TV network PTV-4 for lack of probable cause.
The 21-page resolution was shared by Atty. Jesi Lanete, Teo’s legal counsel. It was approved by Ombudsman Samuel Martires on Oct. 6.
“The issue to be resolved is whether there is probable cause for Section 3(e) of the…Anti-Graft and Corrupt Practices Act against respondents for conspiring with one another in giving unwarranted benefits in favor of Bitag Media Unlimited Inc. through Kilos Pronto, a Daily News-Type Magazine Segment in PTNI/PTV4 which is produced by Bienvenido ‘Ben’ Tulfo, a brother of then DOT secretary Wanda Tulfo Teo,” the document read.
The Office of the Ombudsman said the case was dismissed and that records showed Teo was “not in any way privy” to the contract between Bitag and PTV regarding the Department of Tourism advertisement.
The Ombudsman went on to say that while COA raised a possible conflict of interest, there was “no evidence on record” that the commission’s findings “ripened to a Notice of Suspension (NS) or a Notice of Disallowance (ND).”
Also named as defendants were:
– Arlene Mancao, DOT executive assistant
– Dino Antonio Apolonio, general manager, People’s Television Network Inc.
– Ramon del Rosario, head of airtime management group, People’s Television Network Inc.
– Ma. Alma Francisco, administrative officer IV, Presidential Communications Operations Office
Contrary to this claim, however, COA did in fact issue notices of disallowance against PTV in 2019. This was shown in the commission’s 2020 audit report on the state-run network.
In 2018, Teo landed in hot water after the Commission on Audit revealed the DOT placed P60 million-worth of TV advertisements on the show of her brothers Ben and Erwin Tulfo on PTV-4.
Teo denied there was conflict of interest, saying DOT dealt with PTV and not her brother’s production house.
The audit report released in August showed COA issued two NDs against ₱75 million worth of payments PTV made for the airing of the advertisements in the Kilos Pronto program.
The decision said PCOO Secretary Martin Andanar wrote Teo in Jan. 2017 to say he wanted PTV to work with the DOT through the network’s programs and services.
“Thereafter, representatives of PTV/PTNI and the DOT headed by Atty. Arlene Mancao…Usec. Katherine S. de Castro and Asec. Ricky Alegre met and discussed the mechanics of the proposed partnership including possible discount in favor of DOT,” it said.
But the Ombudsman resolution also read, “Even granting for the sake of argument that a NS or ND had in fact been issued, there is nothing on record showing that it had gained finality as there are other legal remedies under the COA Rules of Procedure which are available to the respondents.”
A proposal was submitted by Del Rosario and Apolonio in Feb. 2017. In the same month, the Bids and Awards Committee met where Mancao presented the proposal to which the committee members were amenable to. Also in February, the BAC recommended the approval of the partnership.
A memorandum of agreement was executed in March of the same year.
According to the COA report, both NDs are still under appeal.
The decision said it was clear Teo’s participation in the transaction was limited and to say that she had a hand in the “contract executed between PTV/PTNI and BMUI through Kilos Pronto” was “unfounded.”
No notice of disallowance?
“In the absence of proof that the findings of COA in its AOM (Audit Observation Memorandum) have gained finality, the filing of the instant case borders on prematurity amounting to lack of cause of action,” the Ombudsman said. “Wherefore, the instant criminal complaint is dismissed for want of probable cause.”
