John-John O: New life in the US, Sandiganbayan “cleared my name”

With a new life in the United States, the only son of former senator John H. Osmeña said he was happy to leave behind a political career and has “moved on” with few regrets.

John Gregory H. Osmeña Jr., 42, former Cebu vice governor, no longer has a sword hanging over his head after the Sandiganbayan last January dismissed a graft charge against him in connection with the bogus Perdido Lex Foundation which received a P5 million grant from the Capitol in 2004.

“I am satisfied with the manner in which the Sandiganbayan case against me has been decided,” he told Cebu Daily News in an e-mail interview shortly before Easter.

“The decision more than cleared my name. The decision is emphatic – I was framed!”

By who, the former no. 2 Capitol official would not say, adding that “I don’t want to point fingers without concrete evidence.”

John-John Osmeña who currently resides in Denver, Colorado,said he enjoys his work in the admissions department of a university. He said he has no plans to return to Cebu except for a visit.

The bachelor son of former senator Sonny Osmeña sent photos of himself playing golf in Colorado and posing with sunshades on and a broad smile on vacation in Mexico. (See CDN Questions and Answers below)

It was the first time the younger Osmeña spoke out about the case since he left for the US after his election defeat in 2004, when he ran for Cebu governor and lost to his former ally Gwendolyn Garcia.

Gwen was a Capitol consultant at the time serving the administration of her father, three-term Gov. Pablo Garcia, who was also later exonerated in the puzzling case of Perdido Lex, still pending in the anti-graft court.

The bogus foundation was never registered with the Securities and Exchange Commission but was accredited as a non-government organization by the Provincial Board in 2002 and was disbursed P5 million by the Capitol treasury, sourced from discretionary funds of the vice governor’s office, for non-existent youth-oriented projects.

GRAFT CASE

A memorandum of agreement was signed by then Gov. Pablo Garcia and Perdido Lex represented by Milagros Herrera in December 2002.

The graft case for violation of the Republic Act 3019 or the Anti-Graft and Corrupt Practices Act is still pending against Capitol accountant Marieto Ypil, former provincial boardmember Victor Maambong and Osmeña’s chief of staff Willie Mulla.

The Jan. 21, 2013 resolution of the Sandiganbayan dismissed the case against the younger Osmeña and his househelper Veronica Ceceres, a woman who was listed as an incorporator of Perdido Lex. Other names of incorporators turned out to be non-existent.

Lawyer Honorato Hermosisma Jr., was retained by the Osmeña family after an arrest warrant was issued in March 2012 against the former vice governor, who by then safely in the United States.

The defense lawyer’s key argument was accepted by the Sandiganbayan. He said it was “highly illogical” for an official to set up a fake foundation to embezzle public funds then lay a clear paper trail leading back to him. The anti-graft court upheld the presumption of innocence of Osmeña and his helper.

Osmeña’s signature appeared in disbursement vouchers but the court noted that the transaction was presumed to be regular because he had signed only in pursuance of the MOA signed by Governor Garcia and a Perdido Lex representative.

As a neophyte trying his first term as a high Capitol official, the younger Osmeña was later seen as being outmaneuvered in political intramurals.

Hermosisima called attention to the observation of the Office of the Ombudsman Visayas that there were telltale signs of a “frameup”.

The Sandiganbayan quoted the same Ombudsman’s record: “The startling links between respondent Osmeña Jr. and Perdido Lex Foundation Inc. (re: Veronica Caceres, Perdido’s phone number turning out to be one of the phone numbers for the Vice Governor’s office, Perdido’s bank account with the BPI branch occupying the same building as respondent Osmena Jr.,’s apartment) may hint of a frameup.”

The expose of the Perdido Lex was first reported in 2004 by Cebu Daily News in its story “Capitol Milking Cow of Bogus Group”.

Who set up the fake foundation? Where did the money go? Who benefited from the transaction? The questions linger. /Eileen G. Mangubat

Cebu Daily News interviews John Gregory Osmeña by e-mail

CEBU DAILY NEWS: You left Cebu in 2004 after the gubernatorial election and have generally stayed out of the limelight. Where have you been since then and what are you doing at present?

Osmeña: I returned to the US in 2006. I’m currently living in Denver, Colorado. I have been working for a University for the past four years in the admissions department.

Per reports, you’ve been staying in California, but at a different residence from your mother Lucy Urgello Miller. Please confirm.

A: When I initially returned to the US, I was living with my mother and my step-father. Currently, I reside in Denver.

The general impression was that your exit was done to avoid legal entanglements in the Perdido Lex case. Was this the case?

A: That is not at all the case. I left because I no longer wanted to pursue a political career. And we felt the best opportunity to move on would be in the US.

With the dismissal of the graft case by the Sandiganbayan last January do you plan to return to Cebu or do you have other priorities?

A: I have no plans to return for anything other than a visit. I will be living and working in the US for the foreseeable future.

Do you feel the need to do more to clear your name?

A: No actually, I am satisfied with the manner in which the Sandiganbayan case against me has been decided. The decision more than cleared my name. The decision is emphatic – I was framed!

Your lawyer in his pleadings emphasized the Visayas Ombudsman’s observation that “the starling links” between you and the Perdido Lex Foundation Inc. “may hint of a frame-up.” Do you know who framed you?

A: I don’t want to point fingers without concrete evidence.

You were on good terms and an ally of then Gov. Pablo Garcia until the Perdido Lex case broke out. In fact, your plan to run for governor in 2004 with Garcia’s support – even against the advice of your father – was well known. When did you realize that the alliance was no longer holding up and that his daughter, then consultant Gwen Garcia, was positioned to run for governor?

A: That all happened ten years ago. I choose not to dwell on who did what, to whom, and when. I prefer to remember the good parts of that time period.

It’s been 10 years since the case started, do you have any regrets?

A: Regrets are a waste of time. I have learned some valuable lessons and have some memories I will always cherish. I would rather dwell on the happy memories and look to the future and be guided by the lessons I have learned.

Any plans to reenter Cebu politics?

A: No.

Have strained relations between you and former Sen. Sonny Osmeña been mended?

A: In retrospect, when looking at all that could have been and what was lost or missed, the damage that was done to my relationship with my father was the most significant. They say time heals all wounds. I hope we have enough time…

What message do you have for fellow Cebuanos?

A: I look back on the time I spent in public service there as a great privilege and a wonderful opportunity that I will cherish for the rest of my life. I am proud of what we accomplished and the things we tried to achieve. Thank you for believing in me Cebu!