Monday, September 22, 2008 Muntinlupa officials given 10 days to counter graft case
THE Office of the Ombudsman has ordered 10 officials of the Muntinlupa City Government, including Mayor Aldrin San Pedro, to file their counter-affidavit in the multi-million-peso graft case filed against them.
Assistant Ombudsman Jose de Jesus Jr. said respondents San Pedro and the nine other city officials should submit their counter-affidavits within 10 days upon receipt of the order.
De Jesus said if the respondents should fail to submit their affidavits, the preliminary investigation of the plunder case filed by former city employee Ariel Dolleton against them will proceed.
The case against the top officials of the city of Muntinlupa stemmed from the graft complaint filed by Dolleton last December 2007 after the accused allegedly "conspired" in the approval of a multi-million supplemental budget despite the fact that there are no available funds for the purpose.
Dolleton the city officials have caused the approval of the supplemental budget in the amount of P163,1620,165, which will be taken from the general fund of the city.
The complainant further said the budget was approved in a span of only 20 days, or on September 3, 2007.
He expressed surprise over the appropriation, which has been allocated for various infrastructure projects like the rebuilding of the burned City Hall building and use of the Pamantasan ng Lungsod ng Muntinlupa and Ospital ng Muntinlupa, because there is no available funds for the purpose.
The respondents allegedly used as basis for the passage of the supplemental budget the issuance of a "Certified Statement of Fund" stating that the sources of income for it are: "Appropriation Balance-Infrastructure Projects (Capital Outlay)" in the amount of P122,496,581.18 and "Under Estimated Income" in the amount of P40,663,584.78 totaling in the aggregate amount of P163,160,165.96.
But it was countered by Dolleton stating Section 31 of RA 7160, otherwise known as the Local Government Code of 1991, which provides that supplemental budget could only be enacted "when supported by funds actually available as certified by the City Treasurer or by new revenue sources."
Meanwhile, the Ombudsman told the respondents that in the event they would not file their counter-affidavits, it will be deemed a waiver and the case will be submitted for resolution on the basis of the evidence presented by the parties.
The camp of San Pedro reportedly sought a 30-day extension to file its affidavits. (AH/Sunnex)
