Ombud’s lamppost case sent back for review

THE Ombudsman-Visayas investigation into the 2007 lamppost scam sustained yet another setback when the Sandiganbayan remanded one of the related cases for the second time.

The remanded case covered contract no. 06H00048 for lampposts set up in Lapu-Lapu City.

In its resolution, the Sandiganbayan’s third division said “there is a need for a new preliminary investigation against the respondents.”

Named respondents in the case were Roberto Lala, former regional director of the Department of Public Works and Highways in Central Visayas (DPWH-7) assistant directors Gloria Dindin, Marlino Alvizo, Pureza Fernandez and Cresencio Bagolor.

Also included were bids and awards committee (BAC) members Luis Galang, Agustinito Hermoso, Restituto Diano and Buenaventura Pajo; and Gerardo Surla, chairman of Gampik Construction and Development Corp.

The case against former Lapu-Lapu City mayor and incumbent Rep. Arturo Radaza is still pending with the Sandiganbayan’s first division.

Deputy Ombudsman Pelagio Apostol voiced concern over the Sandiganbayan ruling.

Last week, Apostol received a letter from the Office of the Special Prosecutor which sought an update regarding the case.

Apostol said he has yet to see the documents forwarded by Sandiganbayan.

“It’s a learning experience for us on why the case was remanded to the Ombudsman Visayas,” he said.

The  Ombudsman-Visayas originally filed five cases against two contractors and some local officials with different divisions of the Sandiganbayan in relation to the 1,800 overpriced  lampposts used in the 2007 Association of Southeast Asian Nations (Asean) summit.

The respondents were accused of “entering into a grossly disadvantageous” contract with suppliers of the lampposts.

The Sandiganbayan remanded four of the five cases for “strengthening.”

In May 2009, the Ombudsman Visayas refiled the four cases with the  Sandiganbayan.

Assistant Ombudsman for the Visayas Virginia Palanca-Santiago said the contracts were specified to make the cases “understandable.”

The refiled cases covered contracts numbered 06H00008, 06H00050, 06H00052 and 06H00048. Santiago, who headed the reinvestigation of the four cases, refiled the cases based on the contracts signed by officials with contractors.

Of the four cases, Lapu-Lapu City Mayor Arturo Radaza and former Mandaue City mayor Thadeo Ouano only appear in one case each.

Ouano, however, has two cases before the Sandiganbayan since the former mayor was one of the respondents in the case that was not remanded to the anti-graft office.

In June 2009, the OSP requested the Sandiganbayan to “admit” the case in involcing contract number 06H00048.

From a violation of section thee, paragraph g, the Ombudsman Visayas amended the refiled cases, charging respondents for violation of section three, paragraph e of Republic Act 3019.

Section three, paragraph e considers unlawful any act “causing undue injury to any party, including the government, or giving any private party any unwarranted benefits, through manifest partiality, bad faith or inexcusable negligence.”

But the Sandiganbayan declined to accept the re-filed case.

In a phone interview, businessman Crisologo Saavedra, one of the complainants in the cases, said the reinvestigation will allow them to gather more evidence.

“I welcome it because that (reinvestigation) will make the case stronger. We must remember that this is just one case. A delay is better than having the case dismissed,” Saavedra said.

Saavedra said a reinvestigation would give the prosecution a chance to “refine” the case.

“We are making the case stronger. There is nothing to worry…but I want to appeal to the Ombudsman to expedite their investigation,” he said. /Reporter Ador Vincent Mayol