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Wednesday, October 22, 2008
SC backs suspension of Lapu-Lapu mayor
CEBU CITY -- Amid talks on the insufficiency of the government’s evidence against those believed responsible for the lamppost scam comes a Supreme Court (SC) order that presents another perspective.
The ruling, promulgated last October 15 and penned by Associate Justice Minita Chico-Nazario for the 3rd Division, upheld the validity of the Ombudsman order that placed all 21 respondents under preventive suspension by dismissing their petition for certiorari.
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The respondents included Lapu-Lapu City Mayor Arturo Radaza, former Mandaue City mayor Thadeo Ouano, officials of the Department of Public Works and Highways, and some personnel at the Mandaue City Engineer’s Office.
Also impleaded are Isabelo Barza, president and chairman of the board of the Fabmik Construction and Equipment Supply Co. Inc., and Gerardo Surla, chairman of the board of the Gampik Construction and Development Inc.
Though the dismissal of the petition was because the issue became moot with the suspension period having already passed, the ruling noted that the respondents did not raise the argument of sufficiency at the outset.
“Petitioners did not bother to move for the reconsideration of the Order dated 29 March 2007 of the Office of the Ombudsman… imposing upon them preventive suspension for six months,” the ruling read.
Ombudsman rules, the ruling explained, allows respondents, 10 days from receipt of the order, to file of a motion for reconsideration either because new evidence has been found or grave errors in fact and law have been committed.
Tanodbayan Merceditas Gutierrez and Special Prosecutor Dennis Villa-Ignacio, on the same day the SC ruling came out, reportedly issued a memorandum expressing doubt on whether they can prosecute the lamppost case successfully and that the entire transaction was overpriced.
The information on these cases covers only the price for lampposts excluding labor costs, transportation costs and other expenses incidental to the installation of the lampposts. Hence, it would be very difficult to prove that the said contract entered into by the Government was indeed manifestly and grossly disadvantageous as the entire contract should be taken into consideration to prove the commission of the crime, they said.
The memorandum moved for the withdrawal of some of the cases filed against the 21 respondents impleaded in the lamppost case in four divisions of the Sandiganbayan.
The statement drew sharp reactions from people, including Fr. Carmelo Diola of the anti-graft advocacy group Dilaab Foundation, who asked that the anti-graft officials involved resign.
“Would transportation and installation costs really justify the twenty-fold increase from the P11,750 actual production cost for each lamppost that are well documented?” Diola posed.
“If these questions cannot be satisfactorily answered, it is about time the Ombudsman should consider stepping down and (make) room for others who have the courage and competence to really serve the best interest of the public,” he added.
Assistant Ombudsman Virginia Santiago immediately downplayed this, owever, saying that Tanodbayan Gutierrez withdrew the cases so that it can be reinvestigated and so that evidences available to them now but not when the investigation was still ongoing could be integrated.
It was Santiago who oversaw the fact-finding investigation that resulted in the preventive suspension of the public officials whose names were impleaded in the lamppost scam. (KNR of Sun.Star Cebu)
For more Philippine news, visit Sun.Star Pangasinan. (October 22, 2008 issue)
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