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Tuesday, September 14, 2004
Guv, dad hit back; no documents with Sonny rap
By Minerva B. Gerodias
CEBU CITY -- The Garcias will file a P50-million damage suit against former senator John "Sonny" Osmeña "for besmirching the reputation" of former Cebu governor Pablo Garcia, his daughter Gov. Gwendolyn Garcia and other Capitol officials.
"This is in response to the baseless accusations of Osmeña. This is pure and simple oral defamation and we are urging him to stop engaging in oral defamation," said Pablo John Garcia, Capitol legal counsel and consultant and son of the former governor.
The Office of the Ombudsman-Visayas received the former senator's complaint Monday afternoon.
Ombudsman Director Virginia Santiago said they will treat the matter as a fact-finding inquiry because Osmeña's letter didn't come with the supporting documents that usually accompany a formal criminal and administrative charge.
"At least we have something to start with because, while there are no supporting documents, the former senator made clear allegations," Santiago said in an interview.
Osmeña has accused Pablo of using Capitol funds amounting to about P800 million to ensure the victory of Gwendolyn in last May's elections.
Osmeña, who lost in his reelection bid, came out of his political hiatus firing at the Garcias, who took on the former senator's son John Gregory Osmeña in the gubernatorial race.
Pablo John said that as soon as they get a copy of Osmeña's plunder complaint, they will also file a perjury complaint against the former senator.
One proof that Osmeña was lying, Pablo John said, was when he said the Capitol is already bankrupt because of misappropriations of funds done by the Garcias.
Not bankrupt
Documents prepared by the Office of the Provincial Accountant show that Capitol has a total asset of P304 million in cash and P1.4 billion in treasury bills.
"The total financial status of the Province is P1,753,680,000 and that status was only gained during the three terms of Governor Pablo because when he entered the Capitol in 1995, the financial status of the Province was practically zero. Is that what you call bankrupt? Bankrupt is when your liabilities exceed assets. He is just bankrupt of issues," Pablo John said.
Pablo John, younger brother of Gwendolyn, also showed documents to prove that the Province has zero long-term liabilities.
Number 1
Coincidentally, a national paper published yesterday a Commission on Audit ((COA) report of financial performance of 79 provinces showing that Cebu is number one in the country in terms of assets and total income.
The COA report stated that for fiscal year 2003, Cebu had a net asset of P4,798,227,000.
The allegations that they used public funds for Gwendolyn's campaign are just rehashed issues, Pablo John said.
"We can say that these expenses have been and will be audited by the COA and if the findings come out, we will answer them. But we certainly do not take at face value the wild speculations of Sonny Osmeña," he said.
Pablo John also said the former senator must give specifics on the alleged ghost projects.
"You know, Osmeña is seeing ghosts. Give us specifics. We can't respond to generalized accusations," he said, adding that Osmeña is also accusing the town and barangay officials of not properly using the funds from the Provincial Government.
"If he says these are ghost projects, he will also be liable for oral defamation and libel against the mayors, vice mayors, councilors and barangay captains who received financial assistance from the Province," Pablo John said.
"Sonny Osmeña is saying the financial assistance from Capitol is not used for its purpose and was used for ghost project. It is an insult against their (local officials') integrity."
Provincial Engineer Peter Madera, Provincial Budget Officer Eduardo Habin, Provincial Accountant Mamerto Ypil, Provincial Treasurer Roy Salubre and other Capitol officials were also named in Osmeña's plunder complaint.
Sanctions
Republic Act 7080 sanctions any public officer who, by himself or in connivance with another, "amasses, accumulates or acquire ill-gotten wealth reaching P75 million."
The criminal acts can either be through misappropriation, conversion, misuse or malversation of public funds or raids in the public treasury.
It can also be through receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any form of pecuniary benefits from any person in connection with any government contract.
(September 14, 2004 issue)
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