New lamppost warrants out: Ouano, others post bail, avoid arrest

CEBU, Philippines - Former Mandaue City Mayor Thadeo Ouano and a dozen other people, who were served arrest warrants yesterday in connection with the alleged overpriced decorative lampposts, remain free men after posting bail of P30,000 each.

The Sandiganbayan issued the warrant of arrest against Ouano, 10 officials of Department of Public Works and Highways and two Mandaue City engineers over the allegedly overpriced decorative lampposts bought during the 12th ASEAN Summit in 2007.

But, the accused, who got wind of the warrant dated October 21, had long posted bail even before it was served.

Since they had posted bail, a release order has been issued for their provisional liberty signed by Associate Justice Gregory Ong, the one who issued the warrant.

The others, who were ordered arrested were former DPWH-Central Visayas director Roberto Lala, Assistant Directors Gloria Dindin and Marlina Alvizo, Division Chiefs Pureza Fernandez, Cresencio Bagolor, Agustinito Hermoso, Luis Galang, Restituto Diano, Ayaon Mangis, Marilyn Ojeda and Teresa Bernido.

Also included were Mandaue City Engineer Hidelisa Latonio, Assistant Engineer Gregorio Omo, and Isabelo Braza, the president and chairman of the Fabmik Construction and Equipment Supply Company.All the respondents were charged for violating Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.

Ouano’s lawyer, Atty. Gloria Dalawampu said that her client and engineers Latonio and Omo were able to post bail yesterday afternoon at the Regional trial Court in Mandaue City.

Dalawampu said that no arrest was made as the already have a copy of the release order.

Atty. Hermoso, on the other hand, who spoke on behalf of the DPWH officials concerned, said that the warrant was served at the DPWH Office yesterday afternoon but they were not arrested because they have already posted bail before the Sandiganbayan last October 26.

Hermoso said that the amount of bail that they posted was the same in the previous graft case filed by the Ombudsman before the anti graft court, which was later dismissed due to lack of evidence. The new warrant of arrest is in connection with the graft case that has been re-filed before the Sandiganbayan by the Office of the Ombudsman in Central Visayas. This was done after COA findings showed that the respondents were directly responsible for awarding the various contracts for the supply of street lighting facilities, testing and commissioning of LED bulbs, traffic signal lantern and other traffic control devices along roads in Cebu to Gampik Construction and Development, Inc. and Fabmik Construction and Equipment Supply Co. Inc.

Documents showed that the total contract price reached P164,524,401.25, an amount beyond the P60 million estimate of the COA and the Office of the Ombudsman-Visayas. 

Ombudsman Merceditas Gutierrez filed a total of seven separate criminal cases against 21 people before the Sandiganbayan in May last year.

Each case corresponded to contracts or portions of contracts, which the DPWH executed for the supply and installation of the allegedly overpriced lampposts in Cebu for the 2007 summit.

The procurement process was allegedly in violation of existing laws and the contracts were so worded to benefit the suppliers who were in alleged collusion with DPWH officials and local government people.

Harassment

 Lawyer Dalawampu said that her clients felt that “they were harassed” with the issuance of the warrant of arrest.

“This is a new charge coming from an old case,” Dalawampu said.

She explained that the former mayor and two city engineers were already cleared from the case before the Sandiganbayan Fourth Division and it came as a surprise that the Ombudsman charged her clients over a case that was already dismissed.

She added that, previously, the former mayor was charged under Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act Section 3 paragraph (g).

According to the law, among the corrupt practices of public officers under paragraph (g) is by “entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.”

This case, Dalawampu said was already dismissed.

However, Dalawampu said that this “new charge” of the mayor stemmed from this old case wherein it was changed from paragraph (g) to paragraph (e).

Paragraph (e) is “causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.”

“There is nothing new. Everything is the same. Except that they changed paragraph g to e,” Dalawampu said.

To recall, the Ombudsman had ordered the preventive suspension of Mayor Ouano and also of Lapu-Lapu City Mayor Arturo Radaza, nine DPWH officials and eight Mandaue City and Lapu-Lapu City engineers when the lampposts controversy broke out two years ago on allegations that the 2,300 lampposts for the 12th ASEAN Summit were “highly overpriced.” — with /NLQ (FREEMAN NEWS)