Hole of Justice

Hole of Justice

by Peter G. Jimenea

God knows, Judas pay!

The P137M Iloilo City Housing Project (ICHP) scam whcich had racked-up volumes of criticisms that can sink a Super Ferry vessel, has finally got its contemptuous result from the office of the Overall Deputy Ombudsman.

For almost seven years, the scam folder containing documented evidence has slept in Monalisa’s… este resigned Ombudsman Merceditas Gutierrez’ office. Now it seems a good case for the court but look how a selective prosecution works. It transfigures a public official who overtly professed what he covertly undertake

Result of the investigation cited the failure of the Bids and Awards Committee (BAC) and that of then Mayor Mansueto Malabor to observe the protocol in awarding the P125M housing project to the contractor Ace Builders Enterprise (ABE) of Mr,. Alex Trinidad.

The defects was found in the releases of P5,824,016.98 and P17,697,050.95 immediately after the project was awarded. Worse is awarding the P125M project to the contractor whose capital investment was two (P2M) million as reflected in his business permit secured only on July 3, 2001.

But after turning-over the project to Mayor Jerry Trenas (now a congressman), the cost has ballooned to P137,787,499.56. The sudden transfer of the P125 million loan obligation from the Philippine National Bank to the Philippine Veterans Bank incurred a P12M for documentation alone.

Mayor Trenas continued paying the contractor for the abandoned project to the tune of over P64M. There are 413 houses to be constructed as stipulated in the contract but not a unit was completed. Worse, the city continued paying the P17,000 daily interest including holidays costing the city another P24M plus in this failed project.

But in its August 2011 Consolidated Resolution, Overall Deputy Ombudsman Orlando Casimiro, indicted only former Mayor Mansueto Malabor and eight others including the contractor Alex Trinidad. The case stemmed from the Violation of Section 3(e) of RA 3019 known as the Anti Graft and Corrupt Practices Act.

The amount involved in this mess under the administration of former Mayor Malabor was only P23M. But under Mayor Trenas’ stewardship of the city, he spent over P67M to the contractor and P24M for bank interest despite the project slippage.

Yet, Mayor Trenas and company get-off the hook easily than Malabor does. Casimiro required further investigation on their involvement in this case. What a favor! This creates an impression without affirming the perception that the indictment of Malabor and exoneration of Trenas are in exchange for – you know what!

This is not what we think Casimiro’s business is all about. The ICHP has slept at the Ombudsman’s office for over six years.  A lawyer with smooth mastery of law, he can easily see the gravity of the offense each respondent had committed. He should also know that justice delayed is justice denied!

Perhaps, resigned Deputy Ombudsman Mark Jalandoni from Jaro District, Iloilo City, could share to us some idea on why this ICHP scam has slept for over six years at the Ombudsman’s office. For those who knew them, he and Trenas are good friends. This is what the earlier claim hinted at.

The Consolidated Resolution was resolved on May 9, 2005 yet, and recommended for approval by Deputy Ombudsman for the Visayas Primo Miro on May 23, 2005. Sad to say, it only lie there until Monalisa… ehe, Ombudsman Gutierrez was forced to resign.

On August 20, 2010, Casimiro, hurriedly signed the 110 pages Consolidated Resolution in just a day, acting like a passenger catching the last plane out. What compelled him for that fast action, only God knows. But why further investigation for Mayor Trenas et al?

But the lapse of five years for a case-folder needing only his signature, binds him to the official responsibility and accountability attendant thereto. He should know that Culpa lata dolo a equiparatur – gross negligence is equivalent to malice or intentional wrong. (Balatbat vs,. CA 261 SCRA 128).

Deliberate or not, Casimiro’s late action on the ICHP case reinforced the widespread public belief that he is the most despised Deputy of Monalisa this country ever had. I hope to have made your day with the spanking you deserved for being stupid!