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Thursday, June 28, 2012

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!


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