Labella defends Rama: He is innocent

CEBU, Philippines —  Cebu City Mayor Edgardo Labella came to the defense of Vice Mayor Michael Rama, who was indicted for graft.

The mayor said he believes Rama is innocent of the graft charge involving the alleged anomalous P25.4 million waste disposal transactions. 

“I believe the innocence of the vice mayor, but I would rather not discuss the merits of this case because there's already a recommendation for indictment," said Labella.

Labella added that he is "really deeply saddened by this development."

Labella and Rama are allied with Barug Team Rama-PDP (Partido Demokratiko Pilipino) Laban.

Rama and former Bids and Awards Committee (BAC) members, namely Ester Concha, Belinda Navascues, Rolando Ardosa, Conrado Ordesta, Collin Rosell, and Dionisio Gualiza, were indicted by the Office of the Ombudsman over the procurement of garbage disposal services worth P25.4 million.

They were accused of violating Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act, falsification of public documents under Article 171 of the Revised Penal Code (RPC), grave misconduct, serious dishonesty, and gross neglect of duty for allegedly favoring Asian Energy Systems Corp. (AESC) as the city’s landfill of choice even if there were other providers in Metro Cebu.

The complaint was filed by former mayor Tomas Osmeña against Rama, BAC members and AESC, the operator of the private landfill in Consolacion town, in 2017.

The P25.4 million payment was for the dumping of a total of 36,399 tons of garbage at the private landfill at a rate of P700 per ton.

The first purchase order was dated December 4, 2013 and amounted to P9.9 million. The second was dated March 4, 2014 for the amount of P15.4 million.

Both orders were done through direct contracting, bypassing the bidding process which is mandated under Republic Act 9184 or the Government Procurement Reform Act.

Lawyer Amando Virgil Ligutan, Osmeña's legal counsel, earlier said procurements could not be done through direct contracting since the practice is against the law.

Labella, a lawyer by profession, said Rama and other respondents may seek legal remedies.

He advised them to invoke the judicial review mechanism provided for under Republic Act 6770 or the Ombudsman Act of 1989.

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority.

Also, Labella said the respondents may file a motion for reconsideration within 10 days upon receipt of a copy of the resolution recommending for their indictment before the Sandiganbayan.

If motion is denied, they can still file a petition for review on certiorari before the Supreme Court, Labella said.

Violation of the anti-graft law is a bailable offense.  KQD (FREEMAN)