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Friday, April 02, 2004
Ombud to probe John, 2 others
By Karlon N. Rama
CEBU CITY -- The Office of the Ombudsman-Visayas has upgraded its fact-finding investigation on the Perdido Lex case into a formal criminal complaint, which Cebu Vice Gov. John Gregory Osmeņa will have to answer.
Deputy Ombudsman Primo Miro approved last Wednesday Ombudsman Director Virginia Santiago's March 23 recommendation to upgrade the investigation.
Impleaded with Osmeņa are Provincial Board (PB) Member Victor Maambong and Wilfredo Mulla, the vice governor's executive assistant, who will also be administratively charged with dishonesty.
Osmeņa and Maambong will be spared an administrative investigation since, according to Santiago, "this would just be mooted by the May 2004 elections."
The anti-graft office found that:
* While it exists on paper, the non-existence of Perdido Lex is clearly established and bolstered by all the incorporators' failure to appear while the investigation was pending.
* Perdido Lex obtained P4.1 million from the Capitol, which can no longer be traced and recovered without a lawsuit.
* The names of the foundation's incorporators may be bogus, but one name corresponded to that of the vice governor's caretaker.
* All the money given to Perdido Lex came from the Office of the Vice Governor and Osmeņa made personal follow-ups for the money to be handed over.
* The Provincial Board, upon the recommendation of PB Member Maambong, accredited the non-existent foundation and the accreditation paved the way for Perdido Lex to transact business with the Provincial Government.
Close to court
Based on the anti-graft office's procedure, the upgrading of the fact-finding investigation will result in a preliminary investigation against all impleaded officials.
If probable cause is found, a criminal case for violations of the Anti-Graft and Corrupt Practices Act will be filed against those involved before the Regional Trial Court (RTC).
Impleaded together with Osmeņa and Maambong in the criminal complaint are Milagros Herrera, Fe Tan, Nancy Sia, Veronica Caceres, Teodora Limcangco, Michael Santos, Letty de Guzman and Adelaida Osorio.
Herrera, Tan, Sia, Caceres and Limcangco are the supposed incorporators of Perdido Lex.
Santos, de Guzman and Osorio allegedly stood as representatives of the companies that Perdido allegedly coursed its projects through.
As they are private individuals, the anti-graft office has no administrative jurisdiction over them and, as result, they were spared an administrative case.
`Conspiracy'
The Perdido Lex controversy surfaced in January this year when the Capitol's release of P4.1 million in grants, aids and subsidies from the Office of the Vice Governor to an allegedly bogus foundation was dug up.
The money was released in batches, the first one in December 2002, and was given despite the non-submission of liquidation or progress reports by the recipients.
Osmeņa and Mulla allegedly made personal representations for the release of the money to the foundation, whose supposed goal was to promote education among the youth.
According to the anti-graft office, culpability should fall upon all officials who "conspired" to allow Perdido Lex to do business with the Capitol, beginning with its accreditation.
"Accreditation is not just a ministerial registration to make the NGO (non-government organization) a future partner of the government for a particular project, as this will receive funding. Prudence dictates that Atty. Maambong should have verified the existence of the organization," Santiago said in her memorandum.
She maintained that by looking at the foundation's given address alone, Lahug, Cebu City, Maambong would already have something to verify.
Connections
Santiago singled Maambong out even though it was the whole PB who issued the accreditation, because it was Maambong who was specifically tasked to examine and verify the existence of Perdido Lex.
"Atty. Maambong should be made to answer in a formal investigation why the foundation, which he recommended for accreditation, which subsequently received large amounts of money from the government, is a non-existent one," Santiago said.
As far as Osmeņa is concerned, it was the vice governor who requested for the release of the funds to Perdido Lex.
"Vice Governor Osmeņa also pressured the accountant (Provincial Accountant Marieto Ypil) for the release of additional amounts to the foundation and guaranteed compliance by the foundation later. It can safely be gathered that he has a connection with the foundation," Santiago said.
"Another damaging evidence against the vice governor is the fact that Veronica Caceres, one of the incorporators of this Perdido Lex, is his caretaker. This is a clear link between Perdido Lex and the vice governor," Santiago ruled.
As far as Mulla is concerned, the anti-graft office said he was always around whenever money was released.
"All the persons who claimed to be incorporators of Perdido Lex definitely conspired with the above-mentioned public officials in defrauding the government in the amount of P4.1 million," Santiago ruled.
(April 2, 2004 issue)
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