A Funny Ombudsman Story

Hole of Justice

by Peter G. Jimenea
 
A Funny Ombudsman Story That Won’t Go Away
 

In 2001, the Iloilo City government floated a P120M bond for the construction of 413 houses of city hall employees. It originated with the RCBC but was cornered by PNB for a P5M interest. As the project starts the P125 accountability with the PNB was transferred to Philippine Veterans Bank (PVB) with a P12M expense for alleged documentation.

The P12M cost for documentation alone can drive an honest bank employee to the brink of insanity. PNB and PVB are just blocks away. It is widely believed this could only be done through collusion of bank and city government officials who easily yield to temptation of greed. Despite the residual imperfection their will was done!

But Ace Builders Enterprise, the contractor, was discovered using substandard materials. This forced the city council to issue two unanimous resolutions urging the mayor to rescind the contract and sue the contractor. But then Mayor Jerry Trenas, now a congressman, ignored them and continued paying the billings of Ace Builders in millions.

Under severe pressure, the contractor abandoned the project but not until he pocketed over P64M. The housing project for lowly city employees 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, cases against the mayor and others involved In the project were filed by two city councilors Attys. Raul Gonzalez, Jr. and Antonio Pesina. Another lawyer Atty. Romeo Gerochi, also filed one with the Office of Ombudsman Merceditas Gutierrez. But the Ombudsman transfigures the legendary Monalisa where the men’s dream only lye and die there at her doorsteps without any result!

On May 9, 2005, however, those cases were resolved by Graft Investigation and Prosecution Officer I, Pio Dargante. After reviewed by Dir. Edgardo Canton, the cases were recommended for approval by Deputy Ombudsman for the Visayas Primo Miro on May 23, 2005.

On what misfortune, it took five years for Overall Deputy Ombudsman Orlando Casimiro to approve the Consolidated Resolution. In 2005, his Order indicted former mayor Mansueto Malabor who only signed the contract. Yet, he spared Mayor Trenas who is the authorized person to dictate the movement of money from here and there.

On August 10, 2010, Ombudsman Casimiro only proved he has a less-working brain when he ordered Deputy Ombudsman for the Visayas Pelagio Apostol to probe further Mayor Trenas’ involvement in the failed housing project. But even a prudent fish-vendor knew that the defiance of Mayor Trenas to the two city council resolutions is embraced in RA 3019!

Casimiro fears the media on why only Malabor and group had been indicted. As Overall Deputy Ombudsman, did he fail to see a probable cause in involvement of then Mayor Trenas and wards? Here, he only created an impression without affirming the perception that delay in resolving the cases are in exchange for ….. you know what!

Look, probable cause needs only to rest on evidence showing that more likely than not, a crime has been done. The mere unauthorized payment of the mayor to the contractor is already embraced in RA 3019, enough for a first-year law student to believe that an offense charged has been committed. Casimiro has failed to promote efficient service to the people as provided for in Sec. 13 of RA 6770 or the “Ombudsman Act of 1989.”

Lowly employees of the Office of the Ombudsman are most sorely tempted to accept bribe but don’t. Yet, this scam that consumed the city for years seems not good for the Office of the Ombudsman. Worse, after almost a decade, look at the funny decision of the Office of the Ombudsman in cases against Mayor Trenas and wards.

It reads en toto; “The Information accusing Jerry P. Trenas, Melchor Tan, Edwin Bravo, Catherine Tingson and Alex Trinidad for Viol. of Sec. 3, Par (e) of RA 3019 as amended, for causing the release of the P43,807,733.33 for construction works of the ICHP in Pavia, Iloilo, Despite Reports That Substandard Materials Were Used In The Project and Defects, Deficiences, And Lapses in The Works Were NOTED, is hereby SET ASIDE.” OMG… SET ASIDE and nothing follows? Ha ha ha funny indeed!