Wednesday, October 03, 2007 Ombud probes mayor on government center
THE Office of the Ombudsman in the Visayas gave the go signal for a probe on the government center project in Bacolod.
In its July 27 recommendation, the Ombudsman ordered its investigation officer to proceed with an inquiry on the graft and corrupt practices and grave misconduct complaints filed against Mayor Evelio Leonardia, former vice mayor Renecito Novero, nine councilors, and five other City Hall Officials.
The Ombudsman also asked its probe team to look into another round of criminal and administrative charges leveled against, among others, the mayor and Philippine National Bank (PNB) executives.
Leonardia cannot be reached for comment as of press time Monday night.
The Ombudsman’s order stemmed from the complaints filed by Victor Eduardo, a retired policeman who strongly opposed the construction of the new government center project in Villamonte. Eduardo said the center was a product of rigged bidding and over-pricing.
Eduardo’s complaints were filed at the Ombudsman in February 2007.
On August 10, Eduardo received notice from Ombudsman-Visayas officer-in-charge Virginia Palanca-Santiago and chief administrative officer Elpidio Montecillo informing him that the criminal complaint and administrative charge against the mayor and company in relation to the construction of the new government center amounting to close to P400 million had been received and docketed.
In these criminal and administrative complaints, Eduardo charged the following: Leonardia, Novero, Councilors Al Victor Espino, Greg Gasataya, Dindo Ramos, Jocelle Batapa-Sigue, Jude Thaddeus Sayson, Homer Bais, Napoleon Cordova, Arturo Parreño and SK (Sangguniang Kabataan) chair Marx Louie de la Rosa.
Also included in the charges were OIC Treasurer Anabelle Badajos, City Accountant Ed Ravena, City Engineer Belly Aguillon, City Budget Officer Luzviminda Treyes, and Hilmarc’s Construction president Efren Canlas.
In the criminal aspect, Eduardo charged the city officials for violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act.
For administrative, the city officials were accused of grave misconduct.
The Ombudsman said: “There’s enough basis to proceed with the criminal and administrative cases.”
In its July 27 order released only late last week, Santiago directed the complainants to file their counter-affidavit and other controverting evidence within 10 days.
“Failure to comply as herein directed within the period prescribed by the rules shall be deemed a waiver of the right to present the party’s counter-affidavit or reply affidavit and the investigation shall proceed according to existing rules. Motion to dismiss, motion for bill of particulars, and similar dilatory motion are prohibited pleadings and shall be stricken off the records of the case,” Santiago said.
2 new cases
In the new criminal and administrative complaints before the Ombudsman, Eduardo also accused Leonardia and PNB executives of grave abuse of authority and grave misconduct, all violations of RA 3019.
This was after both parties entered into in February this year a P400 million loan agreement for the construction of the new government center.
In his three-page affidavit, Eduardo reiterated to Santiago that “the acts, therefore, of Mayor Leonardia in the signing of the Deed of Assignment without authority from the SP (Sangguniang Panlungsod) constitute grave abuse of authority and grave misconduct in the administrative aspect, and violation of RA 3019, as amended...”
Eduardo then alleged that based on R.A. 3019, Leonardia signed a loan agreement with PNB despite undue advantage, damage and prejudice of the City.
Also, he cited that prior to the loan deal with PNB, Leonardia, through then secretary to the mayor and now City Administrator Rogelio Balo, requested the City Council on February 9, 2007 for a special session for the passage of a resolution granting him authority to sign the agreement with PNB.
According to Eduardo, Balo’s letter was questioned by some council members, prompting Novero to invite Leonardia and PNB Senior Vice President Victorio Sison and Assistant Vice President Leonardo Dimaranan to correct a blatant mistake into authorizing Balo to request for a special session.
Eduardo explained that when the agreement was signed on the strength of a supposed resolution between PNB Vice President Sison and Leonardia, the City Council failed to reach the required two-thirds vote to bind the City Government into a 400 million loan agreement.
Eduardo stressed that only eight council members favored the loan, namely Espino, Ramos, Bais, Gasataya, Cordova, Parreño, De la Rosa and Sayson, who is now the vice mayor.
Those who walked out of the session were former councilors Elmer Sy, Ann Marie Palermo, and incumbents Catalino Alisbo and Reynold Iledan.
Former councilor Lyndon Caña and incumbent Jocelle Batapa-Sigue were absent.
Other than the fact that no resolution was passed by the council authorizing Leonardia to sign the Deed of Assignment with Dimaranan, there was also no resolution ratifying the grant to the PNB as Attorney-in-Fact to collect/demand/receive from LBP, which is the banking depository of the City Government’s IRA. (GABS/EASD)
