Ombudsman dismisses cases vs Bacolod City officials

MANILA, Philippines - The Office of the Ombudsman recently dismissed for lack of evidence six criminal and six administrative cases filed by two Bacolod City residents against Mayor Evelio Leonardia and 20 incumbent and former city officials involving the construction of the Bacolod Government Center.

The Ombudsman also denied the motion for preventive suspension sought against them, saying the requirements of law and jurisprudence are not present in the cases.

Leonardia said they have been vindicated by the Ombudsman’s decision not only on the technical aspects but also on the merits and moral grounds of the cases.

He said it is now clear that all the cases filed against them were fabricated, mere allegations and heavily tainted with politics and that the anomalies were only in the minds and “black hearts” of those who instigated these.

He said they are even grateful to Rep. Monico Puentevella for seeking the second and special COA audit because it turned out to be the report that convinced the Ombudsman that their actions were all aboveboard.

“This is what we call karma,” he said.

The Ombudsman said it found nothing anomalous in the construction of the Bacolod Government Center, noting that the anomalies alleged by the complainants were bare allegations not supported by credible evidence.

It said the respondents were able to controvert the charges in detail by submitting clear and convincing evidence, which it believes to be credible.

The Ombudsman said the “death blow” that struck down the complaints was the Commission on Audit’s special report, which stated that the contract price for the construction was reasonable and cannot be considered overpriced.

The cases were filed in 2007 by retired policeman Victor Eduardo and Sancho Nagar Sr., a former executive assistant of former mayor Luzviminda Valdez, who lost to Leonardia in the 2004 election.

Also charged aside from Leonardia were Vice Mayor Jude Thaddeus Sayson, councilors Al Victor Espino, Greg Gasataya, Dindo Ramos, Jocelle Batapa-Sigue, Homer Bais, Napoleon Cordova, Alex Paglumotan, Reynold Iledan, Wilson Gamboa Jr., Catalino Alisbo and Roberto Rojas; former councilors Arturo Parreño and Marx Louie de la Rosa, city treasurer Annabelle Badajos, city accountant Eduardo Ravena, city engineer Belly Aguillon, city administrator Rogelio Balo, and Hilmarc’s Construction Corp. (HCC) represented by its president Efren Canlas.

The Ombudsman dismissed the criminal complaint filed against the respondents for violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act for constructing the government center on a five-hectare donated lot, releasing the 15 percent mobilization fund in favor of HCC, entering into a loan agreement with the Philippine National Bank, and passing Appropriation Ordinance 19 and Resolution 360.

Graft investigation and prosecution officer Vicente Roble Jr. said in his resolution that no illegal disbursements were made by the city as shown by the records because all disbursements were covered by appropriation ordinances.

Roble’s resolution also noted that some of the issues raised by the complainants were mere reiteration or expansion of an earlier complaint, raising doubts as to what motivated the complainants to file these “seemingly endless complaints.”

It said the complaints suffered a death blow when the Commission on Audit rendered a special report on March 20, 2009 that the contract price of P394,957,121.01 was reasonable and within the 10 percent tolerable limit and therefore could not be considered overpriced.

Puentevella, who is running against Leonardia in the mayoralty race, sought the special audit.

Roble’s resolution was reviewed by acting director Samuel Malazarte, recommended for approval by Deputy Ombudsman for the Visayas Pelagio Apostol and approved by Ombudsman Ma. Merceditas Gutierrez.

The administrative complaints filed against the respondents, including former vice mayor Renecito Novero, were also dismissed for failure to establish the charge of grave misconduct.