THE Department of Justice (DOJ) has endorsed to the Office of the Ombudsman the plunder case filed against Bacolod Rep. Monico Puentevella by the Philippine Sports Commission (PSC).

The PSC had received the endorsement dated September 24, 2009, signed by assistant chief State Prosecutor Richard Anthony Fadullon.

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Save Bacolod Movement (SBM) convenor Romy Niere, on Sunday said “this endorsement, a copy of which was received by the PSC on October 8, means that the DOJ having found merit on the case is asking Ombudsman Merceditas Guttierez to conduct an investigation and prosecute Puentevella on the alleged fiscal mismanagement of Basoc funds amounting to more than P50.5 million or even more.”

Niere said due to insurmountable evidences and the irreversible and undeniable truth about the Basoc funds anomaly, “SBM believes that the happy days of Puentevella and his cohorts are about to end.”

“This, we believe, after the DOJ has endorsed to the Office of the Ombudsman the plunder case filed against Puentevella by the PSC,” Niere added.

He said the SBM lawyers consider the endorsement as a proof that, indeed, there is probable cause or prima facie evidence against the solon, “our lawyers agree that if the plunder case against Puentevella is weak, the DOJ will not endorse the same to the office of Ombudsman, the probable cause is a reasonable belief that a person has committed a crime.”

“We know that Puentevella and all those who conspired with him, are having sleepless nights and the pressure is mounting as the deadline to submit the liquidation report set by the Commission on Audit nears, we pity Cong. Puentevella for having nightmares, but he can only blame himself for the difficulties he is now facing,” Niere added.

He said the SBM maintains that justice must be served and the offenders must suffer the consequences of their actions, “if their mistakes or the crimes they have committed will send them to jail, so be it. His continued silence is deafening, is this presumption of guilt?

Clarifactory hearing

Meanwhile, Bacolod City government lawyers were called to attend for a clarificatory hearing before the Office of the Ombudsman-Visayas on November 20 on the case filed by the late former City Legal officer Allan Zamora against Puentevella, et al., on the alleged overpriced computers in 2004-2005.

City Legal officer Joselito Bayatan said Sunday the City Legal Office (CLO) received a subpoena from the Office of the Ombudsman-Visayas calling for a clarificatory hearing on the lawyers of CLO, particularly those who conducted investigation regarding the overpriced computers that were purchased by the solon for the benefit of Bacolod public schools both elementary and high schools.

Called to attend the hearing were lawyers Vicente Petierre III, Bartolome Malde, Danny Pondevilla, and Ma. Gliceria Caduhada.

The complaint stemmed from the letter of Donard Nojas addressed to City Councilors Greg Gastaya and Jocelle Batapa-Sigue dated February 7, 2007, which stated that “I am exhorting your good office to conduct a full-dress investigation of the apparent gross overprice of the information technology equipment at the expense of the principals, faculty and staff, and the pupils and students of the schools concerned and the taxpaying public in general and if the evidence warrant, file the corresponding cases against the person/s responsible thereof.”

In the letter Nojas, he said that the office of Congressman Puentevella has allocated and spent P10,435,720 in 2002, P15,200,000 in 2004, and P13,200,000 in 2005 from his annual Priority Development Assistance Fund (PDAF) for the purchase of information technology equipment for the various public elementary and high schools in the city.

He added records from the Department of Budget and Management (DBM) showed that 38 public schools in 2004 and 33 public schools in 2005 each received a package consisting of only two computer units and accessories worth P400,000 respectively. “The amount of P400,000 is rather disturbing if not highly, obnoxiously, and nauseatingly unconscionable and overpriced for the price of only two computer units and their respective accessories.”

Bayatan noted that when they tried to look into the records to find out the probative value of the investigation, “we are convinced that this really calls for serious investigations.”

The complaint was filed by Zamora against Puentevella, Department of Education-Western Visayas Victoriano Tirol Jr., and Jessie Garcia, president of Merryland Publishing Corporation.

Bayatan said based on the CLO investigation, there was unreasonable overpricing in the purchase of the computers which, as the price of computer purchased by the solon was about P400,000 each, in Manila from Merryland Publishing Corporation, “but if they would acquire it locally, it would only cost P28,500 each.”

“If he can avail it here locally, why did the solon went to Manila to avail such computers which has a very unconscionable price of P400, 000 each when he can just avail it locally at the cheapest price of P28, 500 each,” Bayatan said.

He added that if the solon wants the best of all qualities under the same function of a computer, the most expensive price would only be P65,400 each.

Bayatan emphasized that by such facts it could be seen that the variation or disparity in the price is so huge, “from the most expensive of P65,400 as against the unconscionable price of P400, 000, and worst is this computer which Puentevella and the Merryland Publishing Corporation provided is one of single type learning which, even as the computer provided for the use of the public schools should be for group activities or exercises program.”

He said not only are the computers is so expensive; they also provided the program that is unusable, noting that when the CLO further investigated, most of the computers were returned to their respective boxes as those were not adoptable for use by the children in the public schools, and that it becomes useless.

He added that since the computer is unusable and not adoptable to the program that is supposed to be used, “the only thing that the computer can do is to be booted, after which what appears is the picture of the solon in the monitor.”

“Since the Ombudsman called for a clarificatory hearing, we believe that there is good merit in this case,” Bayatan said. (Merlinda Pedrosa)