Hole of Justice: A Funny Ombudsman Story

Hole of Justice: 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 fl...

Hole of Justice: A Funny Ombudsman Story

Hole of Justice: 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 fl...

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!

Hole of Justice: Contempt of Court

Hole of Justice: Contempt of Court: Hole of Justice By Peter G. Jimenea   P/Supt. Hansel M. Marantan -   (Jurisprudence)   Before the Supreme Court’s Third D...

Contempt of Court

Hole of Justice

By Peter G. Jimenea
 

P/Supt. Hansel M. Marantan -  (Jurisprudence)

 

Before the Supreme Court’s Third Division, P/Supt. Marantan filed a Petition No. 205956 citing Atty. Jose Manuel Diokno, Monique Cu-Unjieng La’o and Ernesto Manzano, respondents, for contempt of court.

 

P/Sinsp. Marantan et al., were also respondents in Crim. Case Nos. 146413-PSG; 146414-PSG and 146415-PSG for the killing of Anton Cu-Unjieng, Francis Xavier Manzano and Brian Anthony Dulay in front of a Hotel at Ortigas Center which was captured by a television crew from UNTV 37, on November 7, 2005.

 

Respondent Monique Cu-Unjieng La’o in the petition filed by P/Supt. Marantan is the mother on the deceased Anton Cu-Unjieng, Atty. Jose Manuel Diokno is her lawyer and Ernesto Manzano, father of Francis Xavier. Mrs. La’o resented the case for Homicide filed against Marantan et al. at the Pasig RTC Br. 265.

 

Together with other petitioners Mrs. La’o filed a Motion for Reconsideration with the Office of the Ombudsman praying among others that the Resolution of the latter downgrading the charges from murder to homicide be annulled and set aside, and that charges for murder be filed. Thus, this  (G.R. No. 199452).

 

On January 6, 2013, however,  a shooting incident happened in Brgy. Lumutan, Atimonan, Quezon Province, where Marantan is the ground commander in a police-military team which resulted in the death of thirteen (13) men. Marantan claim this encounter puts him in bad publicity.

 

He alleges that La’o, Atty Diokno and Ernesto Manzano ride in the unpopularity of the Atimonan incident when they organized a televised/broadcasted press conference with comments on the merit of the case before the RTC, branding him and his co-accused guilty of murder in the Ortigas incident.

 

On January 29, 2013, the press-interview was featured in ABS- CBN News and Marantan quotes a portion as follows: Atty. Diokno: “So lumabas din sa video that the actual raw footage of the UNTV is very long. Ang nangyari, you see the police officers may nilalagay sila sa loob ng sasakyan ng victims na pinapalabas nila that there was a shootout pero ang nangyari na yon e tapos na, patay na.”

 

Ernesto Manzano: “Kung sinasabi nilang carnapper dapat hulihin nila ng buhay yong mga mahal naming and kinasuhan, pero ang ginawa nila, sila mismo na ang nagbigay ng hatol.” Mrs. La’o: “Sinabi nila na may kinarnap siya, tinutukan ng baril, hindi magagawa yong kasi kilala ko siya, anak ko yon.”

 

Mrs. La’o continued: “He (Marantan) is already so arrogant because they protected him all these years. They let him get away with it. So even now, so confident of what he did, I mean confident of murdering so many innocent individuals.

 

Atty. Diokno: “Despite the overwhelming evidence Supt. Marantan and company have never been disciplined, suspended or jailed for their participation in Ortigas rubout, instead, they were commended by their superiors and some like Marantan were even promoted to our consternation and disgust.”

 

The Petition of Marantan failed. There is no parallelism in Ortigas incident and the Atimonan case. There was no violation of the sub judice rules as statements of respondents were legitimate expression of their desires. hopes and opinion taken out of context and did not actually impede, obstruct or degrade the administration of justice.

 

The sub judice rule restricts comments and disclosure pertaining to the judicial proceedings in order to avoid prejudging the issue, influencing the court or obstructing the administration of justice. A violation of this rule may render one liable for indirect contempt under Sec. 3(d) Rule 71 of the Rules of Court.

 

For comment to be considered as contempt of court “it must really appear” that such does impede, interfere with and embarrass the administration of justice. As important as the maintenance of freedom of speech, is the maintenance of the independence of the judiciary.

 

Freedom of public comment should, in borderline instances, weigh heavily against a possible tendency to influence pending cases. The power to punish for contempt, being drastic and extraordinary in its nature, should not be resorted to unless necessary in the interest of justice. In the present case such necessity is wanting. Wherefore, the petition is hereby DISMISSED. (G.R. No. 205956, Feb. 12, 2014)

 

Hole of Justice: The Basis of Blasphemy

Hole of Justice: The Basis of Blasphemy: Hole of Justice by Peter G. Jimenea   The Basis of Blasphemy! I hope Ombudsman Conchita Carpio Morales exercises a proper mon...

The Basis of Blasphemy

Hole of Justice

by Peter G. Jimenea

 

The Basis of Blasphemy!

I hope Ombudsman Conchita Carpio Morales exercises a proper monitoring of her people as we have no guarantee that when former Ombudsman Merceditas Gutierrez stepped down, all crooks have gone with her. The new Ombudsman pompously aired sending to jail all corrupt officials involved in the "Napoles List." But she forgot what she did to the case of the failed Iloilo City Housing Project in Pavia, Iloilo. The story that has consumed the public for years seems not good for her Court.

Cases for Violation of the Anti Graft and Corrupt Practices Act (R.A. 3019) against the oncerned officials of the project were filed at her office in 2004. But they slept at the Office of Monalisa ehe, este OMB Gutierrez for over five years that an Ilonggo lawyer Atty. Romeo Gerochi toyed her in the song "Monalisa," which lyrics say; "many dreams have been brought to your doorstep, they just lie there and they die there."

After Ombudsman Monalisa ehe, este Ombudsman Gutierrez resigned in 2010, Overall Deputy Ombudsman Orlando Casimiro wrote a decision with a hand-written date to Visayas Deputy Ombudsman Pelagio Apostol indicting former Mayor Mansueto Malabor, et al., while still groping in the dark for a probable cause against then Mayor Jerry Trenas (now congressman) and wards who implemented the project.

This is what got us so badly disillusioned. Even a fish vendor can say the continued unauthorized payments to the contractor despite the discovered substanddard materials used in the construction and the urgent unanimous-resolutions of the City Council urging the mayor to suspend the project, rescind the contract and sue the contractor is already embraced in RA 3019 or the Anti Graft and Corrupt Practices Act.

Unfortunately, the Office of the Ombudsman is also empowered to exercise a selective approach to prosecution. The curse of Pontius Pilate is easily gleaned in the case of; Office of the Ombudsman v. De Sahagun. The Court held that the period stated in Sec. 20 (5) of R.A. No. 6770, is not a prescription but discretion of the Ombudsman to investigate a particular offense or not. This is another thing that got us so disgusted about.

The provision is construed as the permissive and operating authority to confer discretion. The Court consequently added; "where the words of a statute are clear, plain and free from ambiguity, they must be given their literal meaning and applied without attempted interpretation.” Deliberate or not, this empowerment of the Ombudsman to delay the investigation of an offense committed by a senior public official creates an impression without affirming the perception that it could only be done in exchange for - you know what!

The November 11, 2012 decision of the Ombudsman after review by Dir. Virginia Palanca Santiago and recommended for approval by Apostol to Ombudsman Morales, was immediately signed by the latter. Whether Morales has inadvertently overlooked some glitches in the hand-written decision of Casimiro, ony God knows. But we erred in believing that God sent her to "right the wrong." Instead, she approved to rest the case, pushing futher the complainants in the brink of insanity and endangered the taxpayers to become the last casualty!

It reads; “The Information accusing Jerry P. Trenas, Melchor Tan, Edwin Bravo, Catherine Tingson and Alex Trinidad for Violation 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.” Oh no, despite the residual imperfection their will was done!

My God, SET ASIDE? Nothing follows? Sec. 26, of the Ombudsman Act of 1987 dictates; “the Ombudsman shall receive complaints from any source in whatever form concerning an official act or omission. That, "it shall act on the complaint immediately and if it finds the same entirely baseless, IT SHALL DISMISS THE SAME and inform the complainants of such dismissal citing the reason thereof.”

Well, if they can’t find probable cause why not absolve the suspect offenders? 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 that would justify indictment. The unauthorized payment of P43M plus by the mayor to the contractor already violates RA 3019. What more can they ask?

When we say unauthorized payment, this can lead a reasonably discreet and prudent man to believe that an offense had been committed and the substance is enough for an indictment. But if the case filed is baseless, and the Ombudsman finds no reason against the mayor and wards, why not DISMISS the case immediately? Why SET ASIDE only? Are they ashamed of the consequences? Evil, it can only be!

This may be extreme as a conclusion though, but the dangling of the decision for over five years has created an erroneous suspicion that the Office of the Ombudsman is run by human beings too, who may easily yield to temptation of greed. They should know that it is only for them and the government crooks that what they did is good. They only reinforced the public misperception that our government had been overrun by crooks!

Lowly Ombudsman employees are most sorely tempted to steal but don’t, what a shame. But shameless officials can tolerate brave words to save face. What is somewhat missing in the empty lives of these peoplew is to die with dignity. Their cheating of taxpayers' money is injustice en-masse,' a crime that cries to God for vengeance. Whether they accept it or not, their deliberate misgivings to the taxpayers' money is now a scroll  that forms.……see the title!