Hell of a Living Soul

Hole of Justice

By Peter G. Jimenea
 

The Hell of a Living Soul

 

The 413 low-cost housing units for Iloilo City employees in 2000, was a project bankrolled by bond floatation of P125M with the Phil. Nat’l. Bank (PNB) where the mayor and treasurer have no access to the fund deposited with the bank. In 2001, outgoing Mayor Mansueto Malabor turned over the project to Mayor Jerry Trenas for implementation.

 

On the same year, the money with PNB was transferred by Mayor Trenas to the Phil. Veterans Bank (PVB). On why, he has yet to say. But it becomes a loan and thus, an accountability of the Iloilo City government. Worse, the transfer cost of the obligation alone from PNB to PVB was P12 million, raising our total liability to P137M.

 

During construction, the contractor Ace Builders Enterprise owned by a certain Alex Trinidad, was discovered to have used substandard materials in the project. Thus, the city council passed two unanimous and urgent resolutions for Mayor Trenas to rescind the contract and sue the contractor.

 

But these fell on deaf ears. Thus, councilors, Raul Gonzalez, Jr., Antonio Pesina, Erwin Plagata and Concordia Manikan filed a case against Trenas, Malabor and others involved. Trinidad eventually abandoned the project but Trenas still paid his billing in millions. As a result, the project that started in 2001 ended in 2009 without even a unit completed.

 

In 2005, three Graft Investigators led by Primo Miro resolved the housing case by indicting the two mayors and others involved including Trinidad. But, the housing scandal that rocked the City of Iloilo for years seems not good for the Sandiganbayan. It just slept there at the Office of the Ombudsman until 2010.

 

On August 2010, after Ombudsman Merceditas Gutierrez resigned due to threat of impeachment, Overall Deputy Ombudsman Orlando Casimiro, hurriedly sent a modified decision of the housing case to the Office of Deputy Ombudsman for the Visayas Pelagio Apostol. It upheld the indictment of Malabor but ordered a further probing on the case of Trenas.

 

There’s no general formula or fixed rule for determination of a probable cause. It depends to a large degree on the finding or opinion of the one judging it. But even fish vendors believe the unauthorized payment of Trenas to the contractor is embraced in RA 3019 - the Anti Graft and Corrupt Practices Act. Yet, Casimiro is still groping in the dark for a probable cause!

 

Casimiro’s tinkering of the original decision has created an impression without affirming the perception that it was done in exchange for– you know what. The “hole” is now seen here being trimmed to exonerate some culprits. What a big blunder. Trimming a “hole” doesn’t reduce but widens its size in public eye!

 

Look at the vague decision reviewed by Assistant Ombudsman Virginia Palanca Santiago, recommended for approval by Deputy Ombudsman Pelagio Apostol and approved by Ombudsman Conchita Carpio Morales. Rather than “HEREBY DISMISSED” it says “HEREBY SET ASIDE.”  What a nice way of cushioning the impact of stupidity!

 

“Sec. 26, Inquiries. (par 2), the Office of the Ombudsman shall receive complaints from any source in whatever form concerning an official act or omission. It 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.

 

If it finds a reasonable ground to investigate further, it shall first furnish the respondent public officer or employee with a summary of the complaint and require him to submit a written answer within seventy-two hours from receipt thereof. If the answer is found satisfactory, it shall DISMISS the case.”

 

Then why “SET ASIDE” rather than “DISMISSED” if there is no probable cause as provided for in RA 6770? The word “SET ASIDE” is vague, especially that nothing follows. For legal luminaries, technically, it is a dismissal with a grain of salt. Why? “Doubt” is not prevalent in this case where the court should rule in favor of the accused. Look at the decision dated November 11, 2012 below.

 

It reads; “The information accusing Jerry P. Trenas, Melchor U. Tan, Edwin S. Bravo, Katherine Tingzon and Alex Trinidad for Violation of Section 3, Par (e) of RA 3019 as amended, for causing the release of the P43,807,733.73 for construction works of the ICHP in Pavia, Iloilo, DESPITE reports that substandard materials were used in the project and defects, deficiencies and lapses in the works were NOTED, is hereby SET ASIDE.” Yaaaks! Evil, this can only be!

 

Nemo punitur pro alieno delicto – no one is punished for the crime of another. This is the sad fate that befell former Mayor Malabor. He claimed that this Ombudsman’s decision is tainted with grave abuse of discretion.  Anyway, God knows, the torture of a guilty conscience is……..  see the title!