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Saturday, June 26, 2004
Ombud orders Cebu port chief fired
By Karlon N. Rama
CEBU CITY -- The Office of the Ombudsman-Visayas resolved Friday to dismiss the Cebu Port Authority (CPA) general manager from service, citing dishonesty and grave misconduct.
Deputy Ombudsman Primo Miro approved the recommendations of Graft Investigator Richard Bauzon, who said the evidence against Mariano C.J. Martinez was also sufficient for a qualified theft case before the Regional Trial Court.
Victor Lua of Socor Shipping Lines filed the complaint against Mar-tinez, accusing him of using government-owned paving bricks for the private resthouse he constructed in Barangay Cantipla, Cebu City.
The resolution couldn't have come at a worse time for Martinez, who is supposed to make sure the Cebu port beats the July 1 deadline to comply with the International Ship and Port Facility Security (ISPS) Code.
"This is very distracting, but definitely we will get the compliance certificate on time," Martinez said in a phone interview.
He said the resolution surprised him because the last thing he learned was that the ombudsman approved his motion to postpone the scheduled June 22 hearing, because his lawyer was not available.
He will appeal his case.
Martinez also told importers and exporters in Cebu not to worry about the July 1 deadline, adding that the port will get the certificate on time.
The administrative penalty is not yet final and executory, and the criminal case can still be subjected to a motion for reconsideration.
In fact, Ombudsman Director Edgardo Canton yesterday revealed, anti-graft office procedures give Martinez 15 days to submit his motion for reconsideration or an appeal.
"I would expect a motion for reconsideration. We will treat it as soon as it is filed," he said.
The administrative penalty and criminal case against Martinez come amid the CPA's rush to get the Cebu International Port, which it administratively controls, compliant with the ISPS code.
If the CIP cannot meet requirements by July 1, the American market might turn back all goods from Cebu's ports, threatening the island's million-dollar export industry.
Also, as the Cebu Chamber of Commerce and Industry has warned, no foreign vessel will be allowed to dock in Cebu.
Port officials, however, have said the CIP is already on dry run status and is merely waiting for the compliance certificate from the Department of Transportation and Communications.
Martinez, in a previous interview, said he is optimistic that CPA will get the certificate on time.
Canton said the anti-graft office had to act on the complaint based on evidence and, in this instance, "more weight was given to the evidence submitted by the complainant."
Lua has accused Martinez of using P28,000 worth of government-owned paving blocks in the construction of his resthouse in a Cebu mountain barangay.
He submitted photos of the paving blocks and the written testimonies of some witnesses.
Martinez, for his part, denied the charge and said he bought the paving blocks from the contractor he hired for the project. He also submitted the affidavit of the contractor supporting his claim.
In his counter-affidavit, Martinez described the complaint as harassment and said Lua only wants to get even with him because he attempted to "correct Socor Shipping's misuse of 604 square meters at Pier 1 without the approval of the Cebu Port Commission."
Martinez said the CPA management wan-ted to relocate Socor Shipping's Oceanjet vessels to Pier 4 so Pier 1 could be converted into a passenger terminal, but Lua refused.
(June 26, 2004 issue)
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