Coastal road closure case: Complainant slams delay on action in rap vs. Tom

Despite the action of the Ombudsman on the criminal complaints against Mayor Tomas Osmeña and Nigel Paul Villarete over the closure of the Cebu City South Coastal Road at the South Reclamation Project, one of the complainants had criticized the delay of the case.

Former National Bureau of Investigation regional director Florencio Villarin said he was not happy with the Ombudsman, which not only acted belatedly but allegedly showed hesitation to act on the case.

Villarin said he was surprised why the Ombudsman still required the complainants to submit a sworn affidavit of complaint against Osmeña and SRP manager Villarete - the respondents - when the anti-graft body could do well to investigate the case even without the formal complaint.

Villarin assailed the Ombudsman who seemingly misunderstood the body's charter, under Republic Act 6770, which does not need any sworn affidavits to act on a complaint.

Even a mere newspaper report and an anonymous letter, the Ombudsman could conduct an investigation on a particular case, said Villarin.

The Ombudsman recently ordered the complainants - Villarin and other members of the Integrated Bar of the Philippines-Cebu City Chapter - to submit their sworn affidavits for their complaints against Osmeña and Villarete over the CCSCR closure to traffic on April 8, 2005.

Aside from Villarin, the other IBP member-complainants are lawyers Democrito Barcenas, Alfredo Sipalay, Gregorio Escasinas, Kit Enriquez, and Alfonso de la Cerna.

They sued Osmeña and Villarete for graft allegedly because the closure of the public road was done without authority from President Gloria Macapagl-Arroyo and the Department of Public Works and Highways.

The respondents' action constitutes an "arrogant defiance of the authority of the President, and an unjust and reckless disregard of the rights of the residents of Cebu City, Talisay City and the southern municipalities of Cebu," said the complainants.

They alleged further that Osmeña committed grave misconduct, oppression and other unlawful acts to the great prejudice to the rights of the motorists and the general public.

The road closure however has a political backdrop, specifically of the quarrel between Osmeña and first district Rep. Eduardo Gullas over the latter's claim of ownership for Talisay City the 53.44-hectare portion of the 295-hectare SRP.

The road, however, has been reopened recently upon the order of Judge Soliver Peras but only based on a separate civil case filed by Sipalay. - Fred P. Languido