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Friday, March 18, 2005
Heavy equipment ruling suspicious: mayor
By Angeline Valencia
DUMAGUETE City officials led by Mayor Agustin Perdices and Councilor Samuel Dicen denounced as "suspicious" the February 21 decision of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (Molea) exonerating former mayor Felipe Antonio Remollo and his co-defendants of graft in the buying of three heavy equipment during his administration.
Former councilor Rommel Erames told a press conference Monday Perdices and his co-complainants will file a motion for reconsideration over the decision.
If denied, he said, they would ask the Court of Appeals to review it.
Perdices said he would ask Ombudsman of the Visayas Simeon Marcelo to explain why Deputy Ombudsman Orlando Casimiro assumed the case.
"I don't know what's the procedure. Ang Ombudsman ba maoy mo-assign on which deputy iyang tagaan? Basin wa pod siya (Marcelo) kabalo nga gikuha na aning military deputy. I don't think he even knows about this seguro," the mayor said.
He said he was surprised why the military took over the civilian case.
"We're very suspicious nga ni-encroach man siya sa area nga dili iyaha. So naa ba siya's special motive?" Perdices said. "Pwede man namong ma-question ni si Casimiro on what authority did he exercise to handle this case nga military man siya? Di man iyahang jurisdiction."
The mayor said he would bring the matter to Marcelo.
"I don't think Marcelo will tolerate this," Perdices said adding he suspected that Ombudsman Simeon V. Marcelo did not know about the new ruling since he had not affixed his signature on the 17-page decision.
"Wa man siya'y signature. He (Marcelo) might not be aware of this," Perdices said.
Erames, for his part, said that they could call for an investigation why they were not given copies of the Cebu decision.
On the other hand, Erames said it was possible that the Visayas Ombudsman kept its initial resolution recommending the filing of information against Remollo and his co-fendants.
"Ang procedure wala gi-follow as procedure, after receiving a copy of the resolution, you have 15 days to file a motion for reconsideration. If i-deny na ang motion for reconsideration pwede i-appealar sa Manila. But in this case, the Manila refuted," he said.
The charges were filed by Mayor Perdices, then Councilors George E. Sy, Rommel L. Erames, Manuel C. Patrimonio and Samuel D. Dicen against Remollo and the members of the Local Committee on Awards former City Administrator Ricardo M. Gonzales, late City Accountant Daylinda F. Villarosa, Officer-In-Charge (OIC) City Budget Officer Ramon Pinero, OIC City Treasurer Erlinda Tumongha.
Also charged were Commission on Audit-Region 7 inspectors Danilo Maglasang and Benjamin Momongan and Leon B. Tio, president of TKC Heavy Industries, the winning supplier of the controversial bulldozer, wheel loader, and Vibratory Roller.
But in a 17-page decision dated Feb. 21, 2005, Deputy Ombudsman Casimiro of the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (Molea) said the complainants failed to prove that Remollo and his co-defendants awarded and bought three of the four heavy equipment costing over P15.49 million on "bad faith, manifest partiality or gross inexcusable negligence".
"No proof has been put forward that would strongly indicate respondent Remollo's complicity to commit the offense," Ombudsman Casimiro said.
He said Remollo's reliance on the correctness of documents regarding the transaction could not be classified as "gross inexcusable negligence".
The Ombudsman said Perdices and his co-complainants charged that the equipment was not brand new but evidence belied the merit of their allegations.
(March 17, 2005 issue)
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