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Thursday, January 29, 2004
Ombud defends case dismissal
By Elias O. Baquero/Karlon N. Rama
OMBUDSMAN officials denied allegations that they succumbed to political pressure and railroaded the host of complaints that a lawyer filed against a Cebu Port Authority (CPA) official.
Director Virginia San-tiago and media liaison officer Estela Alma Singco said they dismissed the complaints against former CPA manager Antonio Elumir because they did not have enough bases.
But former National Bureau of Investigation 7 director Florencio Villarin, who filed the complaints, said he has strong evidence that could send Elumir, who is now a CPA commissioner, to jail.
He accused Elumir of illegally renewing the contract between CPA and Cebu Arrastre and Stevedoring Services Corp. (Casscor) on March 28, 2000.
‘Debt’
He said Elumir violated CPA Administrative Order 03-98 when Elumir renewed Casscor’s permit despite the arrastre firm’s outstanding obligation.
Finance manager Rosario G. Pegarom certified that Casscor owes CPA P464, 527.92 as of May 18, 2000.
Section 1 of the administrative order provides that before the renewal of permit or contract, cargo-handling operators shall undergo a performance and financial audit.
If found satisfactory and they do not have any outstanding obligations to CPA, to labor or to port users, their permits or contracts shall be renewed.
However, if a cargo-handling firm has obligations to CPA, labor or port users, the permit or contract shall be cancelled, revoked or withdrawn.
Villarin said Elumir should have cancelled, revoked or withdrawn Casscor’s permit or contract, instead of renewing it, because it owed CPA P464,527.92.
He said Elumir submitted a counter-affidavit to the anti-graft office stating that Casscor has no more obligation. He attached a certification from finance officer Elizabeth Suarez, who is Pegarom’s subordinate.
Villarin also filed a case for falsification of public documents and obstruction of justice against Elumir for allegedly lying under oath. He claimed that Elumir used a falsified certificate in renewing Casscor’s permit to operate.
No probable cause
But Graft Investigator Gaudioso Melendez dismissed the complaint for lack of probable cause last November. Deputy Ombudsman Primo Miro approved its dismissal.
Melendez ruled that Villarin failed to overturn the presumption of regularity in the issuance of the disputed certification issued by Suarez.
In his motion for reconsideration filed last Jan. 15, Villarin said the graft investigator did not conduct a thorough investigation into the matter.
He said Melendez did not issue subpoena to witnesses to appear and testify before him under oath.
Records revealed that the motion for reconsideration was recently denied for lack of merit.
Elumir, for his part, said Villarin’s complaint is just a rehash of a past complaint that was already dismissed.
(January 29, 2004 issue)
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