Hole of Justice: Ombudsman-Investigation-in-Eternity

Hole of Justice: Ombudsman-Investigation-in-Eternity: Hole of Justice by Peter G. Jimenea Ombudsman - Investigation-in-Eternity Two years and three months had lapsed since Overall Deputy O...

Ombudsman-Investigation-in-Eternity

Hole of Justice

by Peter G. Jimenea

Ombudsman - Investigation-in-Eternity

Two years and three months had lapsed since Overall Deputy Ombudsman Orlando Casimiro tinkered the 2005 original decision of the Ombudsman indicting former Mayor Mansueto Malabor and Mayor Jerry Trenas in the most despised project Iloilo City ever had – the Employees Housing Project.

To recap, the Iloilo City Employees Housing Project is for the construction of 413 houses of lowly City Hall employees (bankrolled by a P125M bond floatation bought by the Philippine National Bank). It is widely believed a supposed legacy of the graduating Mayor Malabor in 2000.

But as he has to go, the project was handed over to the newly elected Mayor Trenas for implementation in 2001. Few have the faintest idea that even before the construction started, Trenas has ordered PNB to release P19.6M as advance payment to the contractor Ace Builders of Alex Trinidad. Looks like the cart has overtaken the horse pulling it.

Again, no Performance Bond was reported to have been posted by the contractor to guarantee the completion of the project. Then the P125M city obligation with the PNB. was transferred to the Philippine Veterans Bank (PVB) On why, Mayor Trenas has yet to say. But the transfer cost is P12M, (for documentation kuno) which eventually raised our accountability from P125 to P137M.

The sad part of this story is the discovery of substandard materials being used by the contractor Ace Builders. It caused the resignation of an engineer assigned to the project site. Alarmed by the report, the city council immediately passed a unanimous resolution urging Mayor Trenas to rescind the contract and sue the contractor.

But it fell on deaf ears. The mayor continued paying the contractor’s billing in millions when under Article 1191 of the Civil Code of the Philippines, it says; “The power to rescind obligations is implied in case one of the obligors could not comply what is incumbent upon him.” But the mayor did nothing to protect the taxpayers’ money!

He could have confiscated the performance bond posted by the contractor had he obliged the latter to put up one as guarantee to finish the project. But there was none. His deliberate neglect caused the four city councilors to file a case against him and the contractor at the office of the Ombudsman in 2004.

Upon learning of the case, the contractor abandoned the project without even a unit standing and completed. But did not, until another billing was paid by the mayor. Despite the residual imperfection their will was done. Jurisprudence says, Culpa lata dolo a equiparatur – gross negligence is equivalent to malice or intentional wrong. (Balatbat vs CA, 261 SCRA 128).

Other than the four city Councilors, Raul Gonzalez, Jr., Atty. Antonio Pesina, Dr. Erwin Plagata and Concordia Manikan, Atty. Romeo Gerochi also filed a separate case against the mayor and all the people involved at the Ombudsman’s Office. But as the cases just lie there and seem to die there, he called it the “Office of Monalisa!”.

On May 9, 2005, the Ombudsman resolved the case which held Mayor Trenas similarly liable with former Mayor Malabor et al. But on August 10, 2010, days after Ombudsman Monalis… ehe este, Merceditas Gutierrez resigned, Overall Deputy Ombudsman Orlando Casimiro brought a revised decision to the Ombudsman-Visayas, Iloilo Office.

The decision upheld the indictment of Malabor et al, but ordered the Deputy Ombudsman-Visayas to probe further the involvement of Trenas in the housing mess. My God, his unauthorized payment to the contractor is already embraced in RA 3019. Casimiro perhaps believe, his, is a demonic ehe, este Solomonic decision. Sus gino-o, evil it can only be!

(Next issue, no probable cause to indict Mayor Trenas?)

A World Gone Crazy

Hole of Justice
By Peter G. Jimenea
A World Gone Crazy
It is disheartening to note that every time we request copy of audit report of certain local government unit from the Regional Office of the Commission on Audit (COA), we always end-up badly disillusioned.

What a sad fate for the Freedom of Information Bill (FOI). True, remembering what was lost makes it precious. During the first month in office of Pres. P-Noy, his mind was pregnant with good promises of the future that he conceived the FOI.

On what misfortune, he conceived FOI but delivered a Cybercrime Law instead. This RA 10175 stirs the peace of working journalists who have been using the internet from the national level down to all regions of the country.

Now look, an Asst. Ombudsman requested from COA the certified machine copy of 2004 to 2007 Annual Audit Reports of Barangay Ingore, La Paz, Iloilo City, but was ignored. So how could we when even the Ombudsman was denied and the FOI is now gasping its last breath?

The taxpayers who religiously pay their dues to the government were shocked to learn that the letter-request only slept there at COA Region 6. This reinforced the public belief that COA is a government watchdog that only barks but doesn’t bite!

As a matter of fact, a leaked copy of the Iloilo City government audit report of December 2009, disclosed a P821milion of its P1.305 billion in property, plant and equipment that cannot be reconciled for lack of supporting documents or no document at all.

After that COA report nothing follows. The P821M taxpayers’ money seemed to have disappeared in the course of time. As government watchdogs, I am not surprise to hear that some personnel can also be tamed and domesticated ….. I’m sure you know what that means!


The same is true with the Iloilo City Government Housing Scam that rocked the city for over eight years. The P137M budget for the 413 houses was almost spent without a completed-unit. Here, COA just barked then slept without any action.

Going back to that barangay in La Paz, its chairman is said to be a known supporter of the congressman. This creates a misperception that the lawmaker’s intervention in his case has caused the delay in COA’s submission of the annual audit report to the Office of the Ombudsman.                                                                                                                                                                

The alleged giving of gifts by the barangay chairman to different government offices with concern to his case is another mess we have to deal with. The gift giving was untimely and highly suspicious. The law warned; gifts and bribe are one. What’s more, the giver and the receiver are also equally guilty in this case!

Funny indeed, COA Regional Director Salvador Isiderio cannot compel Mrs. Edina Balboa, a subordinate city-auditor, to submit the required annual audit reports of that Barangay in La Paz District to the Asst. Ombudsman for the Visayas since March 2012.

Jurisprudence dictates; lex reprobate moram- the law disapproves of delay. COA personnel should know the public expect them to act promptly for the Ombudsman to also do what should be done. I hope they have already settled this problem.

This country seems to have gone crazy. Look, during his campaign sorties P-Noy promised us the FOI but all of a sudden he gave us the Cybercrime Law instead. Then “daang matuwid.” Maganda sana itong daang matuwid ng Pangulo kaya lang, madilim……walang ilaw!

Hole of Justice: Political Swindling

Hole of Justice: Political Swindling: Hole of Justice by Peter G. Jimenea   Loyalty and Betrayal   The unification of political leaders in the province of Iloi...

Political Swindling

Hole of Justice

by Peter G. Jimenea

 

Loyalty and Betrayal

 

The unification of political leaders in the province of Iloilo under the umbrella of the Liberal Party is branded by critics a “feast of fools.” It is an assembly of the cheats and the cheated, swindler and the victim, and/or a gathering of political-hypocrites.

After the enthusiasm (ang pag into-anay) died down, only former governor Niel D. Tupas, Sr. was badly beaten by his looks. He expects to get the party’s nod for governor through the endorsement of Sen. Franklin Drilon but he failed.  The sad result has put his loyal and hopeful followers to the brink of insanity!

The former governor and patriarch of the Tupas clan is known for his loyalty to the Liberal Party ever since he joined politics. It is through this belief that he assured loyal leaders and followers that he’ll soon get the party’s blessings to be its candidate for governor.

It was only his misfortune that the party has learned the Mafia’s style of political maneuvering - that sometimes cooperation is more effective than competition. So Gov. Arthur Defensor Sr. who is a non-party member suddenly became the party’s standard bearer for 2013 elections.

Tupas’ leaders believed he was betrayed. The compounding problem is his patron Sen. Drilon who endorsed him and his son Cong. Junjun Tupas gave their consents to the party’s decision that a non-party member like Gov. Defensor, will lead the province’s political battle.

The ambition of DILG Sec. Mar Roxas to get the full support of provincial leaders in the 2016 presidential election seems the primary motive in this convention. This writer, however, believes that injustice done to the elder Tupas has chilling consequences unfavorable to the anointed one!

As of press time, the disgusted followers of the former governor seemed not amenable to the party’s plan for the elder Tupas to run for congressman of the Fourth District which was vacated by Cong. Ferj Biron. The latter is the standard bearer of the United Nationalists Alliance (UNA) for governor of the Iloilo Province.

The assurance of support by the Liberal Party to Tupas Sr. in case he runs for Congress is a mere pittance. This is what his angry followers’ claim hinted at. As gleaned, they are also unlikely to vote for Gov. Defensor Sr. Maybe it’s true, anger like fire dies only after leaving a path of destruction. This is not good for the heart of the blessed one.

Besides, Tupas Sr. not only lost his face to loyal followers due to the failed bid in getting the party’s blessing. He was may be ridiculed for his pompous bragging to be the anointed one. Now he may not admit it but deep inside him the betrayal is something feeding revenge. This gives Cong. Biron a slight advantageous position.

True, politics is dirty and contagious. I am sure the former governor subscribes to this. Despite the badly hurt feelings, Tupas can still play their game with cards close to his chest. His running for Congress is not what the supporters want. In fact the offer of support by the party to Tupas Sr. made them believed the old man is a victim of political swindle!

This issue is now water under the bridge. Lot of tears had been wasted by the family due to the dirty game of politics. But Niel Tupas Sr. is an astute politician. He may cry today but will smile tomorrow. So, as to contrition for what the party’s top leaders did, I don’t think apology can be easily accepted.

Political Swindling

Hole of Justice

by Peter G. Jimenea

 

Loyalty and Betrayal

 

The unification of political leaders in the province of Iloilo under the umbrella of the Liberal Party is branded by critics a “feast of fools.” It is an assembly of the cheats and the cheated, swindler and the victim, and/or a gathering of political-hypocrites.

After the enthusiasm (ang pag into-anay) died down, only former governor Niel D. Tupas, Sr. was badly beaten by his looks. He expects to get the party’s nod for governor through the endorsement of Sen. Franklin Drilon but he failed.  The sad result has put his loyal and hopeful followers to the brink of insanity!

The former governor and patriarch of the Tupas clan is known for his loyalty to the Liberal Party ever since he joined politics. It is through this belief that he assured loyal leaders and followers that he’ll soon get the party’s blessings to be its candidate for governor.

It was only his misfortune that the party has learned the Mafia’s style of political maneuvering - that sometimes cooperation is more effective than competition. So Gov. Arthur Defensor Sr. who is a non-party member suddenly became the party’s standard bearer for 2013 elections.

Tupas’ leaders believed he was betrayed. The compounding problem is his patron Sen. Drilon who endorsed him and his son Cong. Junjun Tupas gave their consents to the party’s decision that a non-party member like Gov. Defensor, will lead the province’s political battle.

The ambition of DILG Sec. Mar Roxas to get the full support of provincial leaders in the 2016 presidential election seems the primary motive in this convention. This writer, however, believes that injustice done to the elder Tupas has chilling consequences unfavorable to the anointed one!

As of press time, the disgusted followers of the former governor seemed not amenable to the party’s plan for the elder Tupas to run for congressman of the Fourth District which was vacated by Cong. Ferj Biron. The latter is the standard bearer of the United Nationalists Alliance (UNA) for governor of the Iloilo Province.

The assurance of support by the Liberal Party to Tupas Sr. in case he runs for Congress is a mere pittance. This is what his angry followers’ claim hinted at. As gleaned, they are also unlikely to vote for Gov. Defensor Sr. Maybe it’s true, anger like fire dies only after leaving a path of destruction. This is not good for the heart of the blessed one.

Besides, Tupas Sr. not only lost his face to loyal followers due to the failed bid in getting the party’s blessing. He was may be ridiculed for his pompous bragging to be the anointed one. Now he may not admit it but deep inside him the betrayal is something feeding revenge. This gives Cong. Biron a slight advantageous position.

True, politics is dirty and contagious. I am sure the former governor subscribes to this. Despite the badly hurt feelings, Tupas can still play their game with cards close to his chest. His running for Congress is not what the supporters want. In fact the offer of support by the party to Tupas Sr. made them believed the old man is a victim of political swindle!

This issue is now water under the bridge. Lot of tears had been wasted by the family due to the dirty game of politics. But Niel Tupas Sr. is an astute politician. He may cry today but will smile tomorrow. So, as to contrition for what the party’s top leaders did, I don’t think apology can be easily accepted.

Political Swindling

Hole of Justice

by Peter G. Jimenea

 

Loyalty and Betrayal

 

The unification of political leaders in the province of Iloilo under the umbrella of the Liberal Party is branded by critics a “feast of fools.” It is an assembly of the cheats and the cheated, swindler and the victim, and/or a gathering of political-hypocrites.

After the enthusiasm (ang pag into-anay) died down, only former governor Niel D. Tupas, Sr. was badly beaten by his looks. He expects to get the party’s nod for governor through the endorsement of Sen. Franklin Drilon but he failed.  The sad result has put his loyal and hopeful followers to the brink of insanity!

The former governor and patriarch of the Tupas clan is known for his loyalty to the Liberal Party ever since he joined politics. It is through this belief that he assured loyal leaders and followers that he’ll soon get the party’s blessings to be its candidate for governor.

It was only his misfortune that the party has learned the Mafia’s style of political maneuvering - that sometimes cooperation is more effective than competition. So Gov. Arthur Defensor Sr. who is a non-party member suddenly became the party’s standard bearer for 2013 elections.

Tupas’ leaders believed he was betrayed. The compounding problem is his patron Sen. Drilon who endorsed him and his son Cong. Junjun Tupas gave their consents to the party’s decision that a non-party member like Gov. Defensor, will lead the province’s political battle.

The ambition of DILG Sec. Mar Roxas to get the full support of provincial leaders in the 2016 presidential election seems the primary motive in this convention. This writer, however, believes that injustice done to the elder Tupas has chilling consequences unfavorable to the anointed one!

As of press time, the disgusted followers of the former governor seemed not amenable to the party’s plan for the elder Tupas to run for congressman of the Fourth District which was vacated by Cong. Ferj Biron. The latter is the standard bearer of the United Nationalists Alliance (UNA) for governor of the Iloilo Province.

The assurance of support by the Liberal Party to Tupas Sr. in case he runs for Congress is a mere pittance. This is what his angry followers’ claim hinted at. As gleaned, they are also unlikely to vote for Gov. Defensor Sr. Maybe it’s true, anger like fire dies only after leaving a path of destruction. This is not good for the heart of the blessed one.

Besides, Tupas Sr. not only lost his face to loyal followers due to the failed bid in getting the party’s blessing. He was may be ridiculed for his pompous bragging to be the anointed one. Now he may not admit it but deep inside him the betrayal is something feeding revenge. This gives Cong. Biron a slight advantageous position.

True, politics is dirty and contagious. I am sure the former governor subscribes to this. Despite the badly hurt feelings, Tupas can still play their game with cards close to his chest. His running for Congress is not what the supporters want. In fact the offer of support by the party to Tupas Sr. made them believed the old man is a victim of political swindle!

This issue is now water under the bridge. Lot of tears had been wasted by the family due to the dirty game of politics. But Niel Tupas Sr. is an astute politician. He may cry today but will smile tomorrow. So, as to contrition for what the party’s top leaders did, I don’t think apology can be easily accepted.