Court clears Osmeña in Perdido Lex scam

FORMER Cebu Vice Gov. John Gregory “John-John” Osmeña can heave a sigh of relief.

This after the Sandiganbayan dismissed the graft charges against the former vice governor for insufficiency of evidence in relation to his alleged involvement in Perdido Lex Foundation Inc. that later turned out to be bogus.

“In the court’s opinion, the evidence adverted, together with the facts and circumstances surrounding them, are insufficient to sustain prima facie evidence,” said Presiding Justice Francisco Villaruz Jr. of the Sandiganbayan’s 3rd division.

The decision was promulgated on Jan. 21, 2013.

“As borne out by the records, it was the Provincial Board of Cebu who effected the infamous accreditation of Perdido Lex via Resolution No. 3968-2002,” said Presiding Justice Villaluz whose findings were approved by Associate Justices Samuel Martires and Alex Quiroz.

Vilalluz also said that the mere presence of Osmeña’s signature on the disbursement vouchers is not sufficient to indict him.

The Ombudsman Visayas said the Memorandum of Agreement (MOA) between the province of Cebu as represented by then Gov. Pablo Garcia and Perdido Lex was signed even before the bogus foundation was accredited by the province.

“If then Gov. Pablo Garcia was exonerated from any liability for his role in signing the MOA, why should accused Osmeña now be indicted merely because of his official act in signing the disbursement vouchers involved in pursuance to the said MOA?,” the presiding justice added.

National Bureau of Investigation in Central Visayas (NBI) supervising agent Rennan Augustus Oliva, who was earlier tasked by the court to arrest the former vice governor said they were clueless about the dismissal of decision.

“We do not know that the charges were dismissed. We were not informed about it,” Oliva said.

Osmeña’s lawyer Honorato Hermosisima Jr. said the court ruling vindicated his client.

“I told John-John he can come home a freeman with honor and dignity unquestioned,” he added.

A year ago, John-John and eight other persons were charged with graft before the Sandiganbayan for the alleged misuse of about P5 million in public funds in 2002.

Aside from Osmeña, also charged for violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act were former Provincial Board Member Victor Maambong, provincial accountant Marieto Ypil, Osmeña’s chief of staff Willie Mulla, and private defendants Milagros Herrera, Fe Tan, Nancy Sia, Veronica Caceres and Teodora Limcangco.

The private defendants were the alleged incorporators of the Perdido Lex Foundation Inc.

The former vice governnor is the son of former senator John Henry Osmeña.

He has been residing in the United States since 2004. /Ador Vincent Mayol, Reporter