Probable Cause

Hole of Justice

by Peter G. Jimenea

Probable Cause

The construction of 413 houses for city employees was initiated by outgoing Iloilo City Mayor Mansueto Malabor in2001. A P120M bond floatation to bankroll the project was approved by city officials and the bond was course to the Philippine National Bank (PNB).

It was not implemented until Jerry Trenas became a new mayor on the same year. The project was turned over to him by Mayor Malabor for implementation. Ace Builders owned by Alex Trinidad undertook the construction of the 413 units of houses.

As the construction started, the obligation of the city government to PNB (P125M plus interest) was suddenly transferred to Philippine Veterans Bank (PVB). On why, we have yet to know. But it incurred a P12M expense for documentation alone!

OMG, this P12M travel cost of bank documents in so short a distance from the PNB to the PVB can put the right senses of an honest bank teller and a tax-paying street peddler in the brink of insanity!

This creates an impression without affirming the perception that the costly transfer of the city obligation from one bank to another was motivated by – you know what. A collusion of the highest order by officials who cannot resist the temptation of greed!

As to who shared the amount of loot, only God knows. But the P12M cost of transfer has increased the taxpayers’ burden from the P125M into a new P137M city government obligation to the PVB.

Worse, Ace Builders was found to have been using substandard materials in building the houses. Irked, the city councilors issued a unanimous resolution urging the city mayor to suspend the project and sue Alex Trinidad.

But the contractor abandoned the project. Despite the deliberate breach of contract, Mayor Trenas still paid the billings of Trinidad in millions. Thus, the construction that started in 2001, ended in 2009 without a house completed.

On what misfortune for the taxpayers, a case filed by councilors Raul Gonzalez, Jr. and Antonio Pesina against Mayor Trenas and Trinidad with the Office of the Ombudsman in 2004, was never acted upon by its derelict and irresolute office head, Omb Merceditas Gutierrez.

It was only in 2011, when the Overall Deputy Ombudsman Orlando Casimiro acted on it. But funny indeed, with all the documents at hand, Casimiro has not found any probable cause for Trenas and stooges to be indicted. Only Malabor and group were seen by him as the culprits in this housing mess!

Holy cow, probable cause needs only to rest on evidence showing that more likely than not, a crime has been committed. It demands more than suspicion; requires less than evidence that would justify conviction.

But as the law says there is no general formula or fixed rule for the determination of a probable cause, this depends to a large degree upon the finding or opinion of the one judging it. So, that’s it, in this case the blindfold of justice has a secret hole in one eye!

This scam that had consumed the city for years could lead a prudent and reasonably discreet man to believe that an offense had been committed by the person as the evidence of unauthorized payment is embraced on RA 3019!.

They say when money talks everybody listens. Meaning, so many judges yet, so little justice. Now they have to tolerate brave words to save face. God knows, what is somewhat missing in the empty lives of these people is to die with dignity!