MANILA, Philippines--Regional officials of the Department of Public Works and Highways charged with graft for the installation of allegedly overpriced lamp posts worth P365 million in Cebu in 2006 are asking the Sandiganbayan to reject the amended case filed against them.
The DPWH officials also asked the Sandiganbayan First Division to drop the charges against them. The prosecution had filed an amended complaint against the officials based on the reinvestigation of the Office of the Ombudsman.
They argued that contrary to the order of the court that the prosecution, through the Office of the Special Prosecutor, should reinvestigate the case, it was the Ombudsman in Visayas which conducted the reinvestigation.
They pointed out that the reinvestigation was marked with bias because the the Ombudsman had also conducted the investigation of the original case that was ordered reinvestigated.
"This is the same office that filed the earlier Information against the accused by reason of the pressure from the media," the DPWH regional officials said in their motion. One prosecutor admitted in open court last year that the evidence against the accused was weak possibly because investigators had been pressured to immediately file charges.
The DPWH officials said that because of this non-compliance, the court "should not only deny the manifestation and motion to admit the amended information, but dismiss the case for the prosecutor has not actually complied with the court's resolution."
The Ombudsman originally filed seven cases with the Sandiganbayan against public works executives, local officials and two businessmen for the alleged overpricing of some 1,800 lamp posts installed in the cities of Mandaue, Cebu and Lapu-Lapu for the 12th Asean Summit more than two years ago.
The DPWH officials charged included DPWH regional director Robert Lala, assistant regional director Gloria Dindin, assistant regional director and Bids and Awards Committee (BAC) chair Marlina Alvizo, maintenance division OIC chief Pureza Fernandez and maintenance division OIC assistant chief Cresencio Bagolor.
But after admitting it had weak evidence, the prosecution withdrew the case filed in the Fourth Division while cases in the First and Third Divisions were allowed to be reinvestigated. Last month, the Ombudsman filed an amended information for the withdrawn cases based on its reinvestigation.
The original case filed in the Fifth Division is pending while the Second Division has dismissed the graft case filed against one of the two businessmen.