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Thursday, September 11, 2008
Court orders arrest of 2 congressmen
MANILA -- A bench warrant was issued last Wednesday for the arrest of Oriental Mindoro Representatives Rodolfo Valencia and Alfonso Umali Jr. for their failure to attend Tuesday's promulgation of the Sandiganbayan decision convicting them of graft charges.
Associate Justice Gregory Ong, chairman of the anti-graft court's Fourth Division, issued the arrest order for the two incumbent congressmen Wednesday noon. The warrant says they are to be arrested and brought before the court.
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Copies of the warrant were forwarded to the Bureau of Immigration, National Bureau of Investigation (NBI), and Philippine National Police (PNP).
Shortly after the bench warrant was issued, Valencia and Umali jointly filed a motion asking the court to lift the order.
They also filed a motion for reconsideration on the court's decision that found them and four others guilty in the illegal disbursement of P2.5 million from the provincial funds for the repair of a private vessel in 1994.
The two lawmakers, along with co-accused government officials Pedrito Reyes, Jose Enriquez, and Jose Leynes as well as private accused Alfredo Atienza, were sentenced to a jail term of up to 10 years.
The accused public officials were likewise permanently disqualified from holding any government position in the future.
During the promulgation of the decision, only Leynes and Atienza were present.
In their motion to lift the arrest warrant, Valencia and Umali cited reasons for their failure to appear before the court last Tuesday.
Valencia claimed he was suffering from hypertension, while Umali said he had no lawyer to assist him.
Nevertheless, the lawmakers told the Sandiganbayan that they "are voluntarily submitting themselves to the jurisdiction of this Honorable Court and willing to post additional bond for their temporary liberty."
In appealing their conviction, Valencia and Umali argued that the evidence presented by the prosecution was insufficient to establish their guilt beyond reasonable doubt.
But in its ruling, the Sandiganbayan declared them guilty beyond reasonable doubt of having conspired and violated Section 3(e) and (g) of Republic Act 3019, otherwise known as the Anti-Graft and Corrupt Practices Act.
The anti-graft court said prosecution evidence proved that there was "manifest partiality and evident bad faith" on the part of the accused public officials when they entered into a grossly disadvantageous contract of loan in which P2.5 million in provincial funds was given to Atienza to finance the cost of repair, operation and maintenance of his vessel, MV Ace.
It gave credence to the argument of the prosecution that the loan was not for public purpose and that it was made without the approval of state auditors in violation of existing rules.
At the time the loan agreement was approved in 1994, Valencia was then the governor of Mindoro Oriental while Umali was provincial administrator. Reyes, Enriquez, and Leynes were members of the Provincial Board.
The court also said there was no doubt the action of the defendants caused undue injury to government and gave unwarranted benefits to Atienza.
The loan contract or transaction entered into by the defendants was "grossly and manifestly disadvantageous to the government," the court added.
Meanwhile, Umali is dismayed by his conviction.
He said the court may have overlooked so many factual and legal issues and may have failed to consider his ministerial involvement in the case.
"For the record, I was merely a provincial administrator who had no discretion but to implement in all honesty and good faith a lawful order duly passed by the Provincial Board and approved by the Provincial Governor. Said lawful order was never revoked much less questioned in any tribunal; thus, I was constrained to implement such lawful order, lest I be guilty of dereliction of duty or defiance of a lawful order of the Provincial Government, including its legislative body," he said.
"I hope and pray that the good justices of the Honorable Sandiganbayan will see the light to spare me the agony of this unfortunate case, which has unjustifiably affected me and family for the last 14 years," added Umali. (Sunnex)
For more Philippine news, visit Sun.Star Dumaguete. (September 11, 2008 issue)
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