CEBU - The Ombudsman said it will find ways to use the report of the Commission on Audit as evidence in one case against former Mandaue City Mayor Thadeo Ouano and his co-accused in the ASEAN Summit lamppost controversy.
This is despite that the Sandiganbayan has denied its move to withdraw the case to give way for a reinvestigation that would have allowed the Ombudsman to add the report in the list of the primary evidence that will be presented during trial.
Deputy Ombudsman for the Visayas Pelagio Apostol said he is looking at the possibility of presenting the COA report as rebuttal evidence.
Apostol however admitted that it would be an uphill battle to have the COA report presented because he is sure that the defense will object to it.
Under the rules, Apostol said, the accused should be given time to confront the evidence against him in the preliminary investigation. Apostol said that presenting surprise evidence is not allowed.
Apostol explained that this is the reason why they would have wanted to withdraw the case for reinvestigation to give them time to have the accused answer the findings of COA.
However, the Sandiganbayan denied the withdrawal of one of the two cases against Ouano and his co-accused.
Apostol said two of the cases involving the overpricing of the decorative lampposts including that of the other one against Ouano was already withdrawn and are now being reinvestigated.
Two other cases which are also sought to be withdrawn are still pending before the anti-graft court.
Apostol however assured that even if they would fail to present the COA report in one of the cases against Ouano and his co-accused, he is confident that they would be able to present enough evidence to ensure conviction.
Apostol explained that their cases are already strong, but they would be stronger if the COA report will be presented. Apostol said that the COA corroborated the Ombudsman findings that the decorative lampposts have been overpriced.
The COA reported last March 28, 2007that the 300 decorative lamps along the Mandaue City causeway are only worth P13,934,547.00 based on the price of similar park lamps or P8,745,567.00 had other comparable imported decorative lamps been used.
The amount is below the P24,975,000 that the government has spent for those in Mandaue City.
Ouano is only among the 21 people indicted for the five cases that the Ombudsman has filed before the Sandiganbayan in January last year.
Ouano stands charged in two of the cases with City Engineer Hidelisa Latonio, Assistant Engineers Gregorio Omo, Mario Gerolaga, Alfredo Sanchez Jr. and Rosalina Denque.
Department of Public Works and Highways-7 officials led by former director Roberto Lala, Assistant Directors Gloria Dindin and Marlina Alvizo, Division Chiefs Pureza Fernandez, Cresencio Bagolor, Agustinito Hermoso, Luis Galang, Restituto Diano and Buenaventura Pajo were also charged.
Also impleaded were Isabelo Braza, Fabmik Construction and Equipment Supply Company Inc. president and chairman, and Gerardo Surla, Gampik Construction and Development Inc. chairman. — Fred P. Languido/NLQ(THE FREEMAN)