A Weak Defense

Hole of Justice
by Peter G. Jimenea

A Weak Defense

In 2001, the Iloilo City Government loaned a P125M from the PNB for the construction of 413 low-cost houses of city employees. When the construction started, the loan was transferred to the Philippine Veterans Bank (PVB). Cost of documentation was P12M raising our accountability to P137M.

The P12M cost for documentation alone can surely drive an honest bank accountant to the brink of insanity. It is widely believed this could only be done by collusion of bank officials and government crooks who cannot resist the temptation of greed!

Worse, the Ace Builders Enterprise was caught using substandard materials that forced the city council to issue a unanimous resolution urging the city mayor to rescind the contract and sue the contractor. But Mayor Jerry Trenas, now a congressman, ignored them and continued paying the contractor’s billing.

The pressured contractor abandoned the project but not until he pocketed over P64M. The housing project that started in 2001, ended in 2009 without even a unit completed. Yet, no case was filed by the mayor against the contractor. On why only God knows!

In 2004, a case against the mayor and others involved was filed by two city councilors at the Office of the Ombudsman then headed by Merceditas Gutierrez. But the case folder only changed hands from one deputy to another until we heard nothing about it.

Eventually, on May 9, 2005, the case was resolved by Graft Investigation and Prosecution Officer I, Pio Dargante. It was reviewed by Dir. Edgardo Canton and recommended for approval On May 23, 2005, by then Deputy Ombudsman for the Visayas Primo Miro.

Surprisingly, it took five years for Overall Deputy Ombudsman Orlando Casimiro to approve the Consolidated Resolution. Worse, he indicted former mayor Mansueto Malabor who signed the contract but spared now Cong. Trenas who spent the money on the premise of further probing about his involvement

Deliberate or not, Ombudsman Casimiro has stepped over-the-line of pardonable behavior in this decision. A student of law surely knew the unauthorized payment of Mayor Trenas to the contractor is embraced in RA 3019 or the Anti Graft and Corrupt Practices Act.

On August 10, 2010, Casimiro tasked Deputy Ombudsman for the Visayas Pelagio Apostol to conduct a further investigation on Trenas involvement in the housing project anomaly. But next month would be three years already, yet, nothing was heard about this case in the office of Apostol at CAP Building, Gen. Luna St., Iloilo City.


Apostol's stone-walling and blame-tossing to get out from his official accountability and responsibility in this case would do no good. He will only make a clown of himself if he says there’s no probable cause to indict former Trenas because if he does, liar he could only be!

He blamed Dir. Virginia Palanca Santiago in the delay of this case as what he did in his presscon at Bacolod City. But he failed to see that this is now in his hand to decide and alibi is a weak defense. "Jurisprudence borne from experience tells us that perfect testimonies cannot be expected from imperfect senses!" (Pp vs. Sahagun, 274 SCRA 208).

Lowly employees of the Office of the Ombudsman Visayas are most sorely tempted to accept bribe but don’t. I hope the widespread misperception about Deputy Ombudsman Apostol is a mere perception, otherwise, the law will recent it - the abuse of right is the greatest possible wrong. (Arlegui vs. CA, 378 SCRA 322).