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Sunday, April 15, 2012

Let justice be done

Hole of Justice
By Peter G. Jimenea


Let justice be done!


The contents of that “white paper” exposed by DYOK anchorman John Sapio, over the airwaves linked Cong. Jerry Trenas in the percentage sharing allegedly asked by him from contractors for project funded by his CDF as a standard operating procedure (SOP).


Without a vital proof as evidence, this accusation cannot stand in the court of law. But as the saying goes, if there is smoke there is fire and this is another story that won’t go away. Stonewalling and blame-tossing cannot easily clear one’s name in this messy dealing!.


Look, it’s now 28 months since Deputy Omb. for the Visayas Pelagio Apostol was tasked by a superior to further probe the involvement of Cong. Trenas in the P137M Iloilo City Government Housing Project at Pavia, Iloilo. This project ended a “white elephant.”


The P137M was almost spent for the construction of 413 units of low-cost houses for city hall employees, yet, not even a house was seen to have been done. But look, Omb. Apostol is still groping for a probable cause in order to file the case. 


This is a rare case. They indicted Mayor Mansueto Malabor who only signed the project but spared Cong. Trenas who use the money during its implementation. If the evidence submitted to the Ombudsman do not suffice to indict Trenas, why not dismiss the complaint against him?

Omb. Apostol surely knew that the unauthorized payment made by the mayor to the contractor who abandoned the project is already a violation of RA 3019.  If this is not a probable cause, I will put my bet to that fish-vendor who claimed that an offense charged has been committed here!


Omb. Apostol and his Iloilo Office’s staffers failed to apply the mandate empowered to them by law.  They neglect to promote efficient service to the people when it is provided in Sec. 13 of RA 6770 or the “Ombudsman Act of 1989.”


Sec. 13, Mandate – the Ombudsman and Deputies, as protectors of the people shall act promptly on complaints filed against officers or employees of the government. Enforce administrative civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people.


The first complaints were filed in 2004 by former city councilors Atty. Raul Gonzalez, Jr., Atty.Antonio Pesina and Atty. Romeo Gerochi in his capacity as taxpayer against then Mayor Trenas et al. Sleeping for 28 months at the Ombudsman-Iloilo Office created an impression that it is deliberately done in exchange for … you know what! 


The last par. of Sec. 15, RA 6770 reads; – the Ombudsman shall prioritize complaints filed against high-ranking government officials or those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties. Sad to say, only lowly government employees are prone to immediate prosecution. 


Sec. 26, (Par 2) of RA 6770 - the Office of the Ombudsman shall act on the complaint immediately and if it finds the same entirely baseless, it shall dismiss the same and inform the complainant of such dismissal citing the reasons thereof. On why the complaint against Trenas was still hanging in the air, Omb. Apostol has a lot of explaining to do.


The public interest in this issue should be afforded the amplest opportunity for proper and just determination of their cause. The P137M is taxpayers’ money and this is injustice en-masse’, a crime that cries to God for vengeance!


Injustice lies fairly in the “delayed” resolution than “erroneous” one which can be elevated immediately for appeal. Omb. Apostol should know that it is only for government crooks that this selective prosecution is good. The law is established for the benefit of man. So, fiat justitia or..…..see the title!

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