Public Distrust

Hole of Justice

by Peter G. Jimenea
 

Public distrust

 

Public disgust on the irresoluteness of officials of the Commission on Audit (COA) and the poor performance of few Deputy Ombudsman is slowly developing into a public distrust.

COA is a government watchdog that barks but doesn’t bite. After the audit of the Iloilo City government on December 2010, P821M of its P1.305 billion fund cannot be reconciled due to lack of documents or have no document at all.

It’s now 2012 but no report yet had been heard from the result of COA’s findings whether the discrepancies have been settled or a case had been filed in Court against those erring officials of Mayor Jerry Trenas’ administration.

The Ombudsman likewise failed to prosecute the officials involved in the highly anomalous P137M Iloilo City Government Housing Project for its poor City Hall employees.

The construction of 413 houses that started in 2001 ended in 2009 without even a unit standing and completed. The P120M contract was signed by then Mayor Mansueto Malabor but was turned over to Mayor Trenas for implementation.

                 

As the construction started, the obligation of the city government to the PNB (P125M plus interest) is suddenly transferred to Philippine Veterans Bank (PVB). On why only God knows but it incurred a P12M expense for documentation alone!

The P12M travel cost of bank documents in so short a distance from the PNB to the PVB can put the right senses of a crooked taxi driver in the brink of insanity. What justifies the transfer of that obligation if it will only cost us-taxpayers another P12M?

As to who shared the amount of loot, only God knows. But the P12M cost of transfer has increased the taxpayers’ burden from the P120M PNB loan plus P5M interest into a new P137M government obligation to the PVB.

Worse, the contractor was caught using substandard materials in building the houses. For that, the city council issued a unanimous resolution for the mayor to rescind the contract and sue Mr. Alex Trinidad, the contractor.

But Trenas ignored it and continued paying the contractor’s billing in millions. City councilors Raul Gonzalez, Jr. and Antonio Pesina filed a complaint with the Office of the Ombudsman against Trenas et al, in 2004, but it only slept there and worse, more likely to die there in the course of time!

But God is good. Eventually, the Overall Deputy Ombudsman Orlando Casimiro resolved the case in 2010. He indicted only Mayor Malabor. Yet, despite the documented evidence at hand he finds no probable cause against Mayor Trenas.

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 documents that would justify indictment.

The law says, there’s no general or fixed rule for determination of a probable cause. It depends to a large degree upon the finding or opinion of the one judging it. But in Sec. 26, (last par. of RA 677) if there’s no evidence to indict Trenas, why is the Ombudsman afraid to dismiss the case against him? Funny indeed!

This scam that had consumed the city for years seemed not good for the Court. But it could lead a prudent and reasonably discreet man to believe that an offense was committed. That unauthorized payments of the mayor to the contractor are embraced in RA 3019.

In Sec. 13, Mandate of RA 6770 or The Ombudsman Act of 1989, the Ombudsman and his Deputies as protectors of the people shall act promptly on complaints filed against any officer or employee of the government to promote efficient services to the people.

But COA and the Office of the Ombudsman had been treating us with a selective prosecution. Deliberate or not they overlooked the official accountability and responsibility attendant thereto. Perhaps, what is somewhat missing in the empty lives of these people is - to die with dignity!