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Saturday, October 01, 2005
Bagabuyo: Emano feels Ombud probe heat
By Lizanilla J. Amarga
AFTER having Mayor Vicente Emano sit on the witness stand, the hearing officers from the Office of the Ombudsman in Manila Friday is now poised to rule on the 18 graft charges filed against the mayor, his councilors, and former treasurer Zenaida Lago.
So said Butch Bagabuyo, former city council and now lead counsel for complainant lawyer Ed Tamondong who filed 18 count of graft charges against Emano and 11 other city councilors, including former vice-mayor John Elizaga and Lago.
"They are now going to resolve the complaint and if they found probable cause then automatically Emano and the city councilors would be facing 90-days of preventive suspension," Butch Bagabuyo, former city council and now lead counsel for complainant Ed Tamondong said Friday.
Tamondong filed 18 counts of graft charges last October 22, 2003 against Emano, 11 other councilors including former vice mayor John Elizaga and Lago.
Ombudsman, Bagubuyo said, promised to rule on the case the soonest time possible time.
Bagabuyo said the Ombudsman also did not give much merit to the petitions raised by Emano and the councilors questioning how it was COA-Manila and not COA-10 or COA-Mindanao who was conducting the special audit report of which was the basis of Tamondong's complaint.
"Wala ka lusot bisan gamay sige sila raise ug pangayo sa copy sa motion transferring venue but the panel did not deem it proper to touch on the matter ngano Mindanao to Manila ang COA," he said.
The other officials standing trial with Emano include then vice mayor Elizaga, former city councilor now incumbent vice-mayor Michelle Tagarda.
Also, city councilors Maryanne Enteria, Reynaldo Advincula, Alfonso Goking, Juan Sia, Ian Acenas, President Elipe, Edgar Cabanlas and lawyer Alvin Calingin along with former City Hall treasurer Zenaida Lago.
The COA audit covered several transactions entered into by the Emano Administration from January 2000 to June 30, 2001.
Meanwhile, Bagabuyo recounted how during the Ombudsman hearing Friday started out with the Commission on Audit (COA-Manila) team leader being made to take the witness stand.
Bagabuyo said this COA-Manila special audit team leader debunked statements from Emano's camp that their COA special audit report covering Emano's transactions from 1998 to 2001 was not yet final.
Bagabuyo said the COA auditor also testified that she and her team had time and again requested Emano and the city councilors to comment on their audit findings.
"The COA auditor told the Ombudsman that their audit team has already furnished Emano and the City Government a copy of their report and made to comment on it but despite that they did not send any comment so COA final made a final report," he said adding that Emano and any of the respondents snubbed the COA-Manila exit conference.
Bagabuyo recounted how the Ombudsman then asked Emano to take the witness stand and answer the allegations.
He said he tried his best to accord Emano with all the respect being a mayor of the city and even asked him only two brief questions.
"Nakuyawan usab ako kay nangluspad man siya ug nagkurog-kurog sa witness stand basin ma-unsa unya," Bagabuyo said.
Bagabuyo said the first question he asked Emano was on how the so-called Land Banking or Piso-Piso Land Resettlement/Relocation scheme was actually his program and not of the past administration.
"I asked him how could he say that the Land banking or Piso-Piso is of the previous administration when the COA report said from 1995-2000 the government purchased properties P144 million plus ingon ko how can you say that this is the program of the previous government when you made purchases when yourselves," he said.
But according to Bagabuyo, Emano only said, "Those who want me to go to jail should study their case."
Bagabuyo said this prompted Ombudsman official to ask Emano to make it clear whether he was going to answer the question directly or not.
But because Emano was already shaking, Bagabuyo said he threw in his second and last question saying, "Is it fair to say that the so-called Piso-Piso program is a program by Emano's administration where he purchased land property then sell it to some people at a cost of only one piso each? And do you have a single deed for this?"
But Bagabuyo said Emano refused to answer again and saying that everything was tainted with politics.
Emano was also quoted as saying, "If I will give my answer many people will be involved so I would prefer to answer in writing."
Because of this Bagabuyo recounted how the panel of Ombudsman hearing officers told Emano that they need several documents from him particularly to support his answer.
Bagabuyo said Emano promised to show documents to support his answer.
Bagabuyo said he then pleaded with the Ombudsman that because Emano could not present any single document to show regarding the land purchases, then the City Government might be required to submit documents.
This are particularly those that would show how much was the city mayor authorized to pay for the properties purchased by the city and how much the city actually paid to the owners of the land.
After this, Bagabuyo said Ombudsman director De Jesus then issued a statement saying, "Now that we have removed some of the cobwebs we for the moment will be ready with resolution unless of course we will deem it wise to call for another hearing."
Lawyer Guerrero Adaza, who was the private lawyer hired by Emano, then manifested that he be allowed to submit a memorandum within 15 days and to ask for a dismissal of the case.
Because of this, Bagabuyo recounted how he stood up and said, "Mi-counter dayon ko and I said I think the ruling of the panel is very clear as of now what is proper for them is to resolve the cases 18 criminal cases and we the complainants are resting our case solely on the intelligent and truthful testimony of the team leader of COA".
Each of the 18 counts of graft carries a penalty of six years imprisonment in case of conviction.
Aside from the piso-piso Land Scheme where a person is only made to pay P1 for each land, there is also the awarding of 23-million-peso contract to GC Diversified International Inc.
(October 1, 2005 issue)
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