Hole of Justice: The Criminal Lawyer

Hole of Justice: The Criminal Lawyer: Hole of Justice By Peter G. Jimenea   THE LAWYER-CRIMINALS In a television talk show hosted by yours truly at Hotel Del R...

Hole of Justice: The Criminal Lawyer

Hole of Justice: The Criminal Lawyer: Hole of Justice By Peter G. Jimenea   THE LAWYER-CRIMINALS In a television talk show hosted by yours truly at Hotel Del R...

The Criminal Lawyer

Hole of Justice

By Peter G. Jimenea

 

THE LAWYER-CRIMINALS

In a television talk show hosted by yours truly at Hotel Del Rio last Saturday, Novenber 8, 2014, a popular criminal lawyer Atty. Romeo Gerochi was the resource speaker. We are joined by co-hosts of the program Joel Estochi and come-backing partner Ompoy Pastrana.

The lawyer disclosed his resentment over the selective approach to prosecution of the Office of the Ombudsman. I subscribed to his findings. I am also disgusted with the deliberate injustice committed by this office as every time we expect a speedy result, we always end up badly disillusioned.

Atty. Gerochi cited the case of the Pavia Housing Project of the Iloilo City government. It was a commendable-project but resulted into a white-elephant. The P137M for the construction of 413 units of low-cost houses for the poor City Hall employees in 2001, ended in 2009 without even a unit completed.

Thus, he filed a case for violation of Anti-Graft and Corrupt Practices Act (RA 3019) against then Mayor (now Cong. Jerry Trenas) and other City Hall officials involved, including the contractor Alex Trinidad in 2004. It was followed by complaints of two city councilors on the same ground. They are Atty. Raul Gonzalez, Jr. and Atty. Antonio Pesina.

But the case that has consumed the city for years seems not good for the Ombudsman. Until 2009, the end of Mayor Trenas’ term, nothing has been heard about the case. Never has there been a government office so derelict and irresolute in performance of duty than the office of the Ombudsman. For that, Atty. Gerochi called this office of then Ombudsman Merceditas Gutierrez as the Office of Monalisa.

For the information of young readers, Monalisa is a legendary painting obsessed by many men who were bewitched by her beauty. As a song goes; “many dreams had been brought to your doorstep, they just lie there and they die there.” This transfigures the many cases filed in the Ombudsman’s Office that seem to die in the course of time.

After years of dilly-dallying, Ombudsman Monalis… ehe, este Gutierrez resigned for fear of impeachment. The case was immediately resolved by the hoping-in-vain Overall Deputy Ombudsman Orlando Casimiro by indicting former Mayor Mansueto Malabor who just signed the contract but ordered the Visayas Deputy Ombudsman Pelagio Apostol to further probe Trenas and wards for probable cause.

My goodness, even a fish vendor can ascertain that the unauthorized payment of Trenas to the contractor is embraced in RA 3019, the Anti-Graft and Corrupt Practices Act. Worse, his deliberate defiance to the two urgent resolutions of the city council to rescind the contract and sue the contractor to protect the taxpayers’ money were ignored while continue paying the errant contractor!

But on November 11, 2012, the newly installed Ombudsman Conchita Carpio Morales approve the recommendation of her people in the Pavia Housing case. The information accusing Jerry P. Trenas, Melchor Tan, Edwin Bravo, Catherine Tingson and Alex Trinidad for violation of Sec. 3 Par (e) of R.A. 3019 rested this way;

That; the case against them for causing the release of P43,807,733.33 for construction works of the ICHP in Pavia, Iloilo, despite reports that substandard materials were used in the project, defects, deficiencies and lapses in the works were NOTED, is hereby “SET ASIDE.”

SET ASIDE and nothing follows? The lawyers who recommend this for signing of the irresolute heir of Monalisa certainly knew they violated the speedy disposition of justice in accord with the rule of law. They put the case in suspended animation – hanging in the air. This is a concept of justice at odds with due process. They are lawyers who are already in the pot but jumped into the fire!

Worse, when Atty. Gerochi asked Mayor Jed Mabilog to take action against the contractor for recovery of the taxpayers’ money, his legal officer willfully filed a case against Alex Trinidad. But curse of Maria Labo’, the complaint against Trinidad has no claim for damages. This is not what we think a lawyer’s business is all about!

I never give public officials hell, but when I write about corruption, they feel the heat. Whatever result it may bring, the Pavia Housing mess is a story that won’t go away. And we perceived its end-game as niceties of court battles of criminal-lawyers vs lawyer-criminals in the government. As in Latin, “si vis pacem, para bellum “ –if you want peace be prepared for war.

Hole of Justice: GOV. DEFENSOR CRIES WOLF

Hole of Justice: GOV. DEFENSOR CRIES WOLF: Hole of Justice Peter G. Jimenea Gov. Defensor Cries Wolf   It surprised me to see Gov. Art Defensor, Sr. of the Iloilo P...

Hole of Justice: GOV. DEFENSOR CRIES WOLF

Hole of Justice: GOV. DEFENSOR CRIES WOLF: Hole of Justice Peter G. Jimenea Gov. Defensor Cries Wolf   It surprised me to see Gov. Art Defensor, Sr. of the Iloilo P...

Hole of Justice: GOV. DEFENSOR CRIES WOLF

Hole of Justice: GOV. DEFENSOR CRIES WOLF: Hole of Justice Peter G. Jimenea Gov. Defensor Cries Wolf   It surprised me to see Gov. Art Defensor, Sr. of the Iloilo P...

GOV. DEFENSOR CRIES WOLF

Hole of Justice

Peter G. Jimenea

Gov. Defensor Cries Wolf

 

It surprised me to see Gov. Art Defensor, Sr. of the Iloilo Province so mad while being interviewed on television. I learned it was Kuan Yu who caused his bad sense on why he seems to run amuck. But is he really riled by the mess of that contractor?

Gov. Defensor is not branded a political genius for nothing. He was murmuring from the start on how Kuan Yu was able to bag the award from government’s PSALM to undertake the job. It is a contract to clean up the bunker fuel spilled at Estancia’s shoreline during the lashing-out of typhoon Yolanda last year.

Defensor’s managerial capacity is way above that of a chief occupant of Capitol. He had been a USEC of DepEd, PCGG Commissioner and a congressman. Hence, he understands the protocol of government transactions. This is what we see in the governor’s cards.

Few have the faintest idea that Gov. Defensor is a wise gambler. His critics have never seen any error in Gov. Defensor administration because he is playing his cards close to the chest. Nobody knows of his game plan. Look, Kuan Yu bagged the contract without necessary equipment for the job. Yet, despite the residual imperfection their will was done!

In fact he could have assigned a group to scrutinize the documents of Kuan Yu and its capacity to perform the job. Does Kuan Yu have the equipment for this undertaking? Does it have records or experience doing the same project before? Is its paid-up capital of P60,000 suffice to qualify in the bidding?

Now as public clamor began to spring out over the dismal performance of Kuan Yu, Gov. Defensor immediately shout wolf to save face. But why only now when the wolf is about to finish eating its victim? Why did Defensor allow this mess to continue for long? Had he acted earlier, we could have saved a large sum from that P87M of the people’s money!

I could have asked Gov. Defensor about Kuan Yu personally. Unfortunately, he does not want to appear in a small-time TV program like Kape kag Isyu at Hotel Del Rio. So I have no recourse but to bring this issue out in my column for the sake of my followers and of the interested reading public.

Not only that, the still unanswered question in my mind is - what enticed Gov. Defensor last elections to risk his integrity in joining the traditional politicians in Garin and Tupas as his earlier claim hinted at? Was it due to his friendship with Sen. Franklin M. Drilon who is now a star of national controversy?

Look, after the forged agreement between the three warlords, Gov. Defensor has become the only rich man in the Capitol full of poor employees. But does he had the moral ascendancy to govern when he also swallowed his pride to join the people he claimed corrupt public officials and from which he hated most?

Funny indeed, the governor cried wolf only when the animal is about to finish eating the victim or the P87M of taxpayers’ money.  I didn’t err in rewriting this Latin line repeatedly that says, “qui peccat ebrius luat sobrius”- he who offends when drunk shall be punished when sober!

This seems true in the case of Manuel “Boy” Mejorada and Senate Pres. Franklin Drilon, friend of Gov. Defensor. This Mejorada has been peeling-off Drilon in the mainstream media all over the country. They are fighting a battle with intensity that when the smoke cleared, one must be dead!

I don’t know which of Drilon’s stooges in the province and in Iloilo City has the temerity to jump to his rescue. But as I see it, the senator could pull down any man who may attempt to help him clear his name from this unwanted trouble created by underling he claims to have been tapping before at the Capitol.

This issue about Kuan Yu in local and social media is not in a Senate Session hall where lawmakers shielded by congressional privilege can slander people merely by rumors and defective evidence. In this case, anyone involved in this corrupt deal can be expected to put up a strong defense!

There is no spanking delivered yet in this issue for somebody’s stupidity. But it will come in due time without anybody getting wind of it. In the meantime, I hope to have made your day in this column. He asked for it, unlike me and Dirty Harry who ask others to make our day!