The Ombudsman G.R. No.191411

Hole of Justice

By Peter G. Jimenea

The Ombudsman (GR No. 191411)

Rafael Coscolluela served as governor of Negros Occidental for three full terms from July 1992 to June 30, 2001. During his tenure, Edwin Nacionales served as his Special Projects Head, Jose Ma. Amugod as assistant and Ernesto  Malvas as Provincial Health Officer.

On November 9, 2001, the Office of the Ombudsman Visayas received a letter-complaint dated November 7, 2001 from the People’s Graftwatch, requesting to investigate the anomalous purchase of medical and agricultural equipment for P20,000,000.00 which allegedly happened a month before Coscolluela stepped down from office.

Acting on the letter-complaint, the Case Building Team of the Ombudsman conducted its investigation. A Final Evaluation Report dated April 16, 2002, upgrading the complaint into a criminal case was filed. The respondents also filed their respective counter-affidavits.

On March 27, 2003, the assigned Graft Investigation Officer Butch E. Cañares prepared a Resolution (March 27, 2003 Resolution), finding probable cause against respondents for violation of Section 3(e) of R.A. No. 3019, or the “Anti-Graft and Corrupt Practices Act” and recommended the filing of corresponding information.

On even date, the Information was prepared, signed by Cañares and submitted to Deputy Ombudsman for Visayas Primo C. Miro for recommendation. Three months later, Miro recommended approval of the Information on June 5, 2003. Looks like this case transfigured the Iloilo City Housing Project Scam of 2001.

Acting Ombudsman Orlando Casimiro approved it six (6) years later, May 21, 2009 and filed it at the Sandiganbayan on June 19, 2009. On why the delay, he has yet to say. But he did the same deliberate neglect to the P137M Iloilo City Housing Project Scam.

Thus, the criminal case against former Mayor (now congressman) Jerry Trenas, Treasurer Catherine Tingson, Engr. Edwin Bravo, City Administrator Melchor Tan and Alex Trinidad the contractor was not yet filed to date and still floating in the air!

That case has consumed Iloilo city for years yet, seems not good for the Office of the Ombudsman. It took them five years from 2004 to 2009 groping in the dark for a probable cause against the above-named accused. Baloney! This creates an impression without affirming the perception that deliberate or not, the delay was done in exchange for - you know what!

Probable cause needs only to rest on evidence showing that most likely than not,  a crime has been committed. It demands more than suspicion and requires less than evidence to justify indictment. Hence, the unauthorized payment of P43M by Iloilo City Mayor Trenas to the contractor is already embraced in RA 3019. So who are they kidding?

Back to Coscolluela, he filed a Motion To Quash with the Sandiganbayan on July 9, 2009, arguing, among others, that his constitutional right to a speedy trial was violated. He averred that they learned about the March 27, 2003 Resolution and Information only when they received a copy of the latter shortly after its filing with the SB

He cited that the criminal charges against him were resolved only after eight (8) years since the complaint was instituted. He cited that the speedy disposition of his case is guaranteed under the Philippine Constitution. Nacionales, Malvas, and Amugod later adopted his motion.

An Opposition to Motion to Quash was filed by the Ombudsman on August 7, 2009. It claims the Information originally dated March 27, 2003, still had to go through careful review and revision before its final approval. And respondents never raised any objections regarding the purported delay in the proceedings during the interim.

The SANDIGANBAYAN SECOND DIVISION, however, recognizes the prejudice caused to petitioners by the lengthy delay in the proceedings against them. Conversely, it was the Office of the Ombudsman’s responsibility to expedite the same within the bounds of reasonable timeliness in view of its mandate to promptly act on all complaints lodged before it.

As pronounced in the case of Barker v. Wingo: A defendant has no duty to bring himself to trial; the State has that duty as well as the duty of insuring that the trial is consistent with due process. It ordered the Sandiganbayan First Division to DISMISS the case against all the respondents.

But the case of the culprits in the Iloilo City Government Housing Project scam, stayed. After nine (9) long years, the Ombudsman ordered it “SET ASIDE” only, nothing follows. Never has there been a public official so derelict and irresolute than acting Ombudsman Orlando Casimiro. I hope people from that office and Ombudsman Conchita Carpio Morales herself, take his lesson to the heart.