Friday, June 09, 2006
Sandigan raps city engineer for project 11 years ago
By Gingging A. Campaña
CEBU CITY -- The anti-graft court has ordered Cebu City Hall to suspend City Engineer Antonio Sanchez for 90 days without pay "for implementing a drainage project" 11 years ago without checking that it has affected a private property in Barangay Poblacion Pardo.
Sanchez began serving his suspension last June 1 after getting an order from Mayor Tomas Osmeña, who implemented the February 3 order of the Sandiganbayan.
Most city officials and employees find the order "very unfair," as it was the City Government that benefited from the project, not Sanchez.
Besides, Sanchez was merely implementing the separate resolutions of then barangay council and the City Council, which was signed by then mayor Alvin Garcia.
"The order is unfair because it was not Engineer Sanchez who personally benefited from the project. It was the City. That's why we tried preventing it," said City Administrator Francisco Fernandez.
The 90-day suspension is mandatory pending litigation. But if Sanchez will be exonerated, he will get back his wages.
In the meantime, a member of the mayor's management team will take over most of Sanchez's functions.
Kenneth Enriquez, a civil engineer and former professor of the University of San Carlos-Talamban Engineering Department, was appointed to temporarily head the City Engineer's Office.
Since he is still a casual employee, Assistant City Engineer and Assistant Building Official Josefa Ylanan will be the one to sign official documents.
Fernandez said Ylanan will have her hands full at the Office of the Building Official, so Enriquez will be a great help.
Sanchez, in a separate interview, said the ombudsman told him "that I gave unwarranted benefits to the City Government and undue injury to the complainant."
"And here it is now, the Sandiganbayan ordered the government unit I gave an unwarranted benefit to suspend me. That's true. The order is unfair. But what can I do? I just accepted it as part of the hazards of my job," he told Sun.Star Cebu Thursday.
Initially, it was then barangay captain Eugenio Gabuya of Poblacion Pardo who was charged before the anti-graft office, which later indicted Garcia, Sanchez, and the rest of the City Council.
The city engineer, who has been awarded as an outstanding department head in 1999, was the only one left charged and suspended for violating the Anti-Graft and Corrupt Practices Act, "for approving the project."
"Who approves the project? Is it the city engineer or the mayor? The ombudsman also said that the case involves defrauding the City Government of funds. What? There is no fraud of government funds," Sanchez said, laughing.
Garcia and the rest of the council were cleared of the charges. Since the former mayor was reelected in 1998, he was cleared based on the Aguinaldo doctrine.
Sanchez said he has accepted the Sandiganbayan's order, and he tried to keep himself entertained with the thought that serving the government has helped him live a good and fulfilling life.
"I just tried to joke around about the case and say Alvin was exonerated because of the Aguinaldo doctrine and Sanchez was charged with the Rizal doctrine. Anyway, I'm just thinking of the blessings that the government has given me," he said.
Councilor Edgardo Labella, former Visayas Ombdusman director, felt sorry for Sanchez. He wanted to help the city engineer and represent him at the Sandiganbayan, but the "local election in 2001 had overtaken my intention."
Labella was prevented from defending Sanchez by Section 50 of the Local Government Code, which "prohibits elected officials from handling cases filed against public servants charged of an offense in relation to office."
"But I am optimistic that he really has a good defense because he was merely implementing the order of the council," he told Sun.Star Cebu Thursday night. (Sun.Star Cebu)
(June 9, 2006 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
Congress fails to pass 2006 budget