Hole of Justice: The Basis of Blasphemy

Hole of Justice: The Basis of Blasphemy: Hole of Justice by Peter G. Jimenea   Blasphemy!   The new Ombudsman Conchita Carpio Morales should exercise proper and str...

The Basis of Blasphemy

Hole of Justice

by Peter G. Jimenea

 

Blasphemy!

 

The new Ombudsman Conchita Carpio Morales should exercise proper and strict monitoring of her people because there was no guarantee that when Ombudsman Merceditas Gutierrez stepped down, all crooks have gone with her.

 

Look at the Iloilo City Housing Project for City Hall employees at Pavia, Iloilo. The case for Violation of the Anti Graft and Corrupt Practices Act (R.A. 3019) against the concerned officials was filed in 2004 but only slept there at the office of Ombudsman Gutierrez for over five years.  

 

In 2010, Overall Deputy Ombudsman Orlando Casimiro sent a decision to Visayas Deputy Ombudsman Pelagio Apostol indicting former Mayor Mansueto Malabor, et al, but still groping in the dark for probable cause against the implementing Mayor Jerry Trenas (now congressman) and his wards.

 

This is what got us so badly disillusioned. Even a fish vendor can easily say that the defiance of the mayor to the two urgent resolutions of the Sangguniang Panlungsod requesting him to suspend the project and sue the contractor has an accompanying obligation.

 

But the Office of the Ombudsman is privileged too, to exercise selective prosecution. In 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.

 

The provision is construed as the permissive and operating 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.”

 

That’s it. But worse, the November 11, 2012 decision of the Ombudsman after review by Dir. Virginia Palanca Santiago, recommended for approval by Deputy Ombudsman Apostol to Ombudsman Morales for signing (which the latter approved) has nearly put me in the brink of insanity!

 

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, deficiencies and lapses in the works were NOTED, is hereby SET ASIDE.”

 

SET ASIDE with nothing follows? This vague decision of the Ombudsman is what got me so excited about. 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 complainant of such dismissal citing the reason thereof.” Yet they can’t find probable cause against the mayor? Baloney!

 

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 P43,807,733.73 is already embraced in RA 3019!

 

This payment alone can lead a reasonably discreet and prudent man to believe that an offense had been committed.   So why not DISMISS the case if it is baseless? Why only SET ASIDE? Are they aware of the consequences of this decision arrived at?

 

The dangling of decision for many years has created an impression without affirming the perception that the Office of the Ombudsman is, although run by people with more knowledge of the law, are human beings and prone to yield to temptation of greed!

 

Lowly Ombudsman employees are most sorely tempted to steal but don’t. This story won’t easily go away. It would only reinforced what we strongly believe. Deliberate or not, this injustice to the taxpayers’ money has become a scroll that forms the basis of their…… see the title !

Hole of Justice: He's Better Missed than Damned

Hole of Justice: He's Better Missed than Damned: Hole of Justice By Peter G. Jimenea Better missed than damned This writer can’t believe that there are candidates who resort to...

He's Better Missed than Damned

Hole of Justice

By Peter G. Jimenea

Better missed than damned

This writer can’t believe that there are candidates who resort to lies if only to put down an opponent. The remark thrown by the administration stalwarts against their popular opponent is full of absurdity.

Mr. Rommel Ynion, a candidate of the united opposition for mayor of the city, has suddenly become a marked target. The administration claimed that the loafs of bread given by the man to the poor are expired stocks.

The nebulizers given by the man to the sick and needy were also taunted by them as unpaid medical supply and will be repossessed by the drug company soon. But no drug dealer or city resident has ever come out to assert the truth of their accusation. So where’s the proof?

They misconstrued the generosity of Ynion as political strategy to advance his candidacy. But even before the man declared his intention to run, he had been doing this benevolence to the poor for free.

His critics just embarked on where did he get the money for this kindness. But does it matter to the recipients? Even the late Cardinal Jaime Sin said he will receive the money from all sources as long as it benefits the lowly people.

Too much negative tirades against the man had been thrown by the underlings of the administration, yet, it resonates well with the thinking of the people that the issues against him lacked substance or devoid of emotion. Worse, the more they do it, the more it back-lashed to them.

This is not what we think a good campaigning is all about. Why don’t they stick to their program of government? They should have considered first the hidden stinks in their closet before they nitpick with the affair of this man. The truth is, these leaders have even left their posts in disarray!

In fact, a local newspaper of wide circulation had published a news item that from 2001 to 2009, the city government has a P8.5 billion expenditure that the Commission on Audit (COA) can hardly reconcile according to report. My God, this P8.5B is your money, my money, our money or the taxpayers’ money!

Worse, another newspaper also reported that the relocation site for squatters at San Isidro, Jaro, owned by Marilyn Inocencio, was first assessed at P2.7M. But it was later purchased in less than a month by the city government for P63.2 million. Then who shared the largesee of the loot?

What happened to the P137M city government housing project of 413 houses for the poor City Hall employees is another mess. I learned that the money for the project was almost spent, yet, not even a single house was built from that project and you know what that means.

Going back to Ynion, he may have already spent millions for this kindness to the poor people of Iloilo City. But it was his money, not taxpayers’ money, so what’s there for them to worry about? The difference in our perception is that theirs is not what we think it is!

The unsubstantiated accusation against Ynion has slowly failed to get public attention. Jurisprudence says; “falsus in uno falsus in omnibus” – that he who has lied about one thing is most likely to lie about everything. (Ramos vs. CA, 188 SCRA 450)

A clamor for change is now snowballing, giving us a strong signal that the people are already fed up with the unfulfilled promises of the administration. As noted, every time the people ask for commendable services from these leaders, they always end-up badly disillusioned. True, for a good leader he is…..see the title!

Hole of Justice: Hole of Justice: The Abusive Barangay Captains

Hole of Justice: Hole of Justice: The Abusive Barangay Captains: Hole of Justice: The Abusive Barangay Captains : Hole of Justice By Peter G. Jimenea   The Abusive Barangay Captains   I notice...

The Covered Gym

Hole of Justice

By Peter G. Jimenea

The Covered Gym

 Barangay officials have the right to protect government properties in their respective turfs. But restricting medical mission from using the gym for the benefit of their constituents is a rare instance.

Never has there been a city ordinance or law that suggested to do this before. Now this is a common scenario in areas where medical mission are being held mostly by opposition candidates.

There were also reports that barangay officials restricted the entry of water-tank trucks to distribute drinking water in their area. Same is true with the distribution of breads by the opposition candidates to the poor.

I find no valid reason for this deprivation of basic needs and health services to constituents by barangay officials, except, their acquiescence to the political pressure of administration candidates to do so.

What really matter in this issue is the forcible stopping of the goods and basic services to the lowly people of the barangays. The expenditures for all these things-for-free came from a private person, not government money.

There may be counter argument against the glaring truth of this repression as a matter of course. But that is no longer our interest. Protecting government property is imperative for barangay officials. But in this instant case, cui bono - for what good, for what purpose and for whose benefit?

The free-consultation and medicine, safe drinking water and bread which they failed to provide are now a reality being enjoyed by the poor. In that case, they must set-aside the good views they all share for the meantime!

To deny the use of barangay covered gym for peaceful assembly of constituents is violation of both civil and human rights. The 1987 Constitution has repeatedly reminded us that;

Civil Rights - protects individuals from unwarranted government action without discrimination or repression. If that right is interferred with by another person or agency (including the government), it gives rise to an action for injury.

It has also something to do with human rights that help protect everyone from political, legal and social abuses. These are right and freedom of religion and the right to engage in political activity among others.

Those are inherent rights of the people deliberately violated by the repressive acts of some barangay officials. One final note with regards to prohibition in the use of the covered gym by residents;

Under the Constitution, Civil Rights include the “freedom of speech, press and assembly; the right to vote, freedom from involuntary servitude and the right to equality in public places.”  A covered barangay gym is a public place!

They did not inquire because they knew nothing about it. Now I hope they do. They should know that it is only for “heartless-spooks” that what they did was good. Remember, “the abuse of right has concomitant obligation.”

Hole of Justice: The Abusive Barangay Captains

Hole of Justice: The Abusive Barangay Captains: Hole of Justice By Peter G. Jimenea   The Abusive Barangay Captains   I noticed that the Medical Mission of the opposition ...