Omb. Morales should know

Hole of Justice
By Peter G. Jimenea

Omb. Morales should know

I cannot believe how this country was bedeviled by too much corruption. Even the Office of the Ombudsman and the Commission on Audit (COA), the tasked graft-buster and watchdog of the government respectively, are now suspects to have been affected by this contagious disease of corruption.

Take a look at this Criminal Case No. OMB-V-C-11-0511-I, Falsification of Public Documents filed against the nine (9) elected officials of Barangay Ingore in Iloilo City. On February 27, 2012, the case was dismissed by Corazon Carillo, Graft Investigator III of the Office of the Ombudsman in Cebu City.

The complaint was based on the following grounds; 1. There was no minutes and/or resolution approving the improvement of the Muti-Purpose Hall signed by all the kagawad members that complainant refuted to have been one of the signatories.

2. Respondents failed to post the bid accordingly and even falsified a printout of “Invitation to Bid” from the website of Philippine Government Electronic Procurement (PhilGEPS) published on June 17, 2011 and; 3. It is a DILG funded project not of barangay funds.

I do not question the graft investigator in recommending the dismissal of the case. It is her right on that matter. But the reasons cited to exonerate the respondents is what got me so excited about. Jurisprudence dictates; “gross negligence is equivalent to malice or intentional wrong. “ (Balatbat vs CA 261 SCRA 128).

Carillo recommends the dismissal of the case on the following grounds; 1. The majority of the respondents signified to the authenticity of their signatures in the resolution submitted to the graft investigator. 2. The COA report disclosed no irregularity in the project and; 3. It is a DILG funded undertaking.

However, a letter from PhilGEPS Executive Director III, Rosa Maria M. Clement, disclosed that Bid Notice Annex D with reference number 1200349 was not of Barangay Ingore which has not even filed any. The bid notice posted in PhilGEPS is owned by the City of Las Pinas.

Another one is the audit of the project which was done by a private accountant not by a COA or government auditor. Third is the report of the DBM that the improvement of the Multi Purpose Hall did not pass the bidding process and not a DILG funded but of Barangay Ingore’s money.

I hope the dismissal of this case against the respondents will not transfigure the conviction of CJ Renato Corona which is beyond the ambit of appeal. Unless elevated and reopened, the people who elected these barangay officials into office are the ones who get screwed in the end - as usual.

Our faith in the new leadership of the Office of the Ombudsman was reinvigorated because of its trustworthy newly installed chief occupant – Conchita Carpio Morales. Ma’am, you should know that your Visayas backyards are in shambles.

I hope Ombudsman Morales would immediately clean up this mess of stooges left behind by Monalis… ehe, este Merceditas Gutierrez. This is a tragedy as we have no guarantee that when she stepped down all crooks will go with her!

The dismissal of this case in haste negates the State to prosecute erring public officials whom higher moral standards are expected in discharging their duties. Our graft investigators should know that the abuse of right is the greatest possible wrong. (Arlegui vs CA, 378 SCRA 322).

They say so many judges yet so little justice. But it is written; qui peccat ebrius luat sobrius – he who offends when drunk shall be punished when sober. Remember, this deliberate injustice to the taxpayers’ money is a crime that cries to God for vengeance!

Unpardonable Selfishness

Hole of Justice

By Peter G. Jimenea

Unpardonable Selfishness!

I am one of those who favor the putting up of a coal-fired power plant in Iloilo City. I was enticed by the promise of the management that once it becomes operational, the price of electricity will be reduced by P2 per kwh.

The Global Business Corporation (GBC), owner of the Coal-Fired Power Plant and the Panay Energy Development Corporation (PEDC) that manage the full operation of the business have attested to this pledge.

But after a year, PEDC officials filed a petition for Under Recovery Collection of the P698.2M alleged losses with the Energy Regulatory Commission (ERC). This is  to be charged against the consumers account without the public getting wind of it.

The alleged P698.2M losses has incurred during the emission and other testing operation of the coal-fired power plant. The petition seeks that this amount will be gradually added as increase to the Panay Electric Company’s (PECO) billing to consumers. The ERC granted the petition and the P698.2M is now a consumers’ headache for the next five years!

This is not what we think the ERC business is all about. Energy officials approved the rate increase so hastily as if passengers catching the last plane out. It creates an impression without affirming the perception that the approval of the petition is in exchange for - you know what!

The ERC officials should know that it is only for them, the greedy stockholders and government crooks that what they did is good. Losses in the operation are part of the risks in a business venture that should be charged from the capital of investors, not from consumers’ pocket!

If the losses are true as PEDC officials claimed to have incurred, the consumers have nothing to do with it. So why charged them that P698.2M when they have not even used that energy? Profit and Loss are parts of the business venture of the investors, not of consumers!

What’s more, PEDC petition was approved by ERC since December 2011, then what caused the delay to send a copy to the city government which it received only in June this month? Why did PEDC officials fail to send a copy of the ERC approved petition to our city officials on time?

Again, the increase in our electric bills for the past three months is suspicious. Is the Under Recovery Collection of PEDC already start without the public getting wind of it? It surprised us , but the law says;  nemu punitor pro alieno delicto – no one is punished for the crime of another!

A promised cheap power by GBC has lasted only for about three months. Now officials are rebounding back pounding the consumers’ pocket for every chance they get. Falsus in uno, falsus in omnibus – he who has lied about one thing is most likely to lie about everything. (Ramos vs. CA, 188 SCRA 450).

ERC officials are widely believed to have succumbed to temptation of greed in this case. We had been treated before by companies with selfish stockholders and officers colluding with government officials at the expense of the public. What is somewhat missing in the empty lives of these people is to die with dignity!

It is written though, qui peccat ebrius luat sobrius – he who offends when drunk shall be punished when sober. Deliberate charging of the P698.2M company’s losses to the poor consumers is injustice that cries to God for punishment. As to contrition for this misdeed, apology not accepted!

Karmatic justice

Hole of Justice

By Peter G. Jimenea

Karmatic Justice

Case Study:  Juan, Julio and Jose put up a bottled-water production business in a place where there is no source of water. They complied with all the government required documents and immediately put up a processing plant named Coola.

Pedro is under contract with Coola as the authorized distributor of the bottled water. As such, he enjoys adding a certain amount to the price of bottled water as income under sanction by the Local Water Authority (LWA).

Having monopoly of bottled-water in the area, the price per bottle during the first two months was cheaper as expected, maybe to brag. Pedro, however, was surprised when Coola filed a petition to LWA charging his customers its losses during the early months of testing operation.

Surprisingly, LWA approved the petition. Pedro was advised to gradually insert the amount of Coola’s losses in the price per bottle until the company’s losses is fully recovered. In this case Pedro is now the collector of Coola.

Question: Is it fair for LWA to charge into the account of Pedro’s customers the losses of Coola from its previous operation? Isn’t the profit and loss part of the risks in Coola’s venture? Is Coola’s business venture immune from losses?

Well, here’s the true to life story of a case that transfigures the above. The Coal Fired Power Plant owned by the Global Business Corporation, and managed by Panay Energy Development Corporation (PEDC).

They filed a petition to the Energy Regulatory Commission (ERC) to allow them to collect from PECO’s customers their losses from testing operation known as Under Recovery Program.

On what misfortune, the petition was granted by the ERC and a monster was let loose to bleed us more when the mistakes belonged to them.  Losses are part of the risks in a business venture. Any and all losses shall be deducted from the capital investment, not from the consumers’ pocket!

Imagine the P690M charged to us when we have not even used that power? The PEDC losses as their claim hinted at, are not of our own making? Most of city residents are already in depth of poverty and unjust charges can drive them in brink of insanity

People from the ERC who granted that anti-poor petition should know that it is only for them and the profit greedy rich that what they did is great. As to their identity, know them when they die and nobody cries!

Our leaders must come out now with a bold stand to stop the ERC from charging us the P690 unjust recovery of PEDC. This will be reflected as another increase in the producer’s rate to be added to our already charges filled electric bills. Now you know what monopoly means!

If our leaders ignore this upcoming unjust increase, the most logical solution to be drawn is to start a signature campaign to kill this monster of the PEDC and to stop business monopoly in this highly urbanized city.

The perceived increase endangers our budget of the day to become the last casualty. But it also make my day, investors are not lawmakers shielded by a special privilege to slander people by mere rumors and defective evidences. Perhaps, that’s the best they deserved….. see the title!

Hole of Justice

By Peter G. Jimenea

They were wrong!

Many people say that during the incumbency of now Cong. Jerry Trenas, as city mayor, for nine years he has no visible project whatsoever that his constituents can be proud of him and to claim worth crowing about.

I think they were wrong. Although it earned him a graft case filed by Iloilo Press Club President Rommel Ynion, the former mayor was able to purchase a lot at San Isidro, Jaro District for relocation site of the poor squatters.

The sad story of that 16.2 hectares agricultural land is the acquisition price. A local daily reported that the land was first valued at P2.7 million but purchased by the city government at P63.2 million.

What a brain-cracking acquisition of a relocation site. The over valuation of that property can drive the right senses of an honest man in the brink of insanity. It only creates a widespread perception of a collusion of the highest order.

Worse, until he stepped down from office as city mayor, that relocation site was never provided with lights, passable roads and drainage system. Anyway, that is the leadership the poll-vendors deserved for their stupidity!

There are national projects during Mayor Trenas stewardship of the Iloilo City government. These are the two flyovers at UPV-Iloilo and at the University of San Agustin. These national projects cannot be implemented here without the nod of the local chief executive – the city mayor.

While it is under construction, I asked DPWH Dir. Rolando Asis how much is the cost of a one kilometer two-alleys cemented road. He said it is between P20 to P22 million pesos only. Meaning, one kilometer cemented road will not exceed P22M.

But look at the 250 meters flyover in front of the UPV-Iloilo. It cost P420M when the materials are pre-fabricated and cost less. A P420M is equivalent to the cost of constructing 25 kilometers of cemented road. The nod of the mayor for this project to push through is another SOP.

Again, the 300 meters flyover with pre-fabricated materials at the front of the University of Iloilo cost also P330M. How can one imagine such bedeviled corruption? Approval of the city mayor before a project can be constructed in his turf is also a right that can be misused or abused.

Critics say Cong. Trenas has made more money during his incumbency as mayor than his predecessor does. On how true, we have yet to know. But one thing I am certain about, is the mess that can be traced back to the P137M failed city housing project.

During his last term in office as mayor, COA reported an P821M that cannot be reconciled due to lack of supporting documents or have no document at all. All these reports of abuses in taxpayers’ money remain unresolved to date.

 Remember Christopher Ching of the City Treasurer’s Office? He disappeared with P2.5 million shortages in his cash collection after the spot audit conducted by COA. But another discovery of a missing P25M was also slapped to him as he already ran away and refused to defend himself.

Funny indeed as members of the Iloilo Graft Watch are only listening to reports of disappearance in cash at the city government coffers without any action done to date. It only creates an impression that they overtly professed what they fear to undertake!

Now we have three pompous groups claiming to be dedicated public servants out to defend the taxpayers’ money. They are the Iloilo Graft Watch, COA and the Ombudsman. But I can only smile as they all look like high-class hypocrites wearing beautiful-clean clothes without first taking a bath!