Respondents picked based on individual participation

CEBU, Philippines - The Office of the Ombudsman found that not all respondents conspired to commit crime in the Balili land deal, resulting in the exoneration of some, particularly the members of the Provincial Board at the time the transaction was entered into.

In the 49-page Resolution, the anti-graft office said that it determined the individual participation and the extent of the collective participation of other respondents.

The death of late vice governor Gregorio Sanchez Jr. totally extinguished his criminal liability as provided under Article 89 of the Revised Penal Code, thus the consequent dismissal of the charges against him.

The resolution was acted by Graft Investigation and Prosecution Officer I Luz Awayan with the concurrence of Director Mary Antonette Yalao of the Preliminary Investigation and Administrative Bureau (PARB) on August 26, 2011.

Overall Deputy Ombudsman Orlando Casimiro signed it as recommending approval on September 19, 2011 and Ombudsman Conchita Carpio Morales approved it on July 13, 2012.

The anti-graft office enumerated the acts and probable cause supporting a reasonable suspicion that the respondents, through their collective participation, violated the provisions of Republic Act 3019, also known as the Anti-Graft and Corrupt Practices Act.

These include the personal request of former PB member Juan Bolo to the Cebu Provincial Appraisal Committee (CPAC) to appraise the fair market value of Balili Estate.

The CPAC allegedly deliberately failed to incorporate in Resolution 23 the existence of fish ponds and that a portion of the land abuts the port of Apo Cement Corporation. The CPAC also failed to take into account that 196,696 square meters of the 249,246 square meters were submerged in seawater.

The active participation of Bolo “evidencing unusual and highly suspicious interest in all stages of the transaction” such as the negotiation stage, the sponsorship of resolutions authorizing Garcia to enter into a memorandum of agreement with the owner and representative of the Balili Estate, the preparation of the Deed of Sale, and even in the payment of the purchase price.

The “apparent coordination” between the office of Bolo and provincial treasurer Roy Salubre in effecting payments to Romeo Balili coupled with the fact that Salubre, under his authority, allowed Balili to be the named payee of the checks that the Province had issued.

The MOA relative to the acquisition/purchase/payment of the Balili Estate was not fully supported with the necessary appropriation upon such contract signing, it added.

The anti-graft office said that the aforementioned facts found respondents committed corrupt practices in violation of section 3(e) of RA 3019.

Those charged before the Sandiganbayan are Garcia, Bolo, retired provincial assessor Anthony Sususco, Salubre, assistant provincial engineer Eulogio Pelayre, budget officer Emme Gingoyon and the two Balilis.

Dismissed for insufficiency of evidence are the charges against respondents, Mariflor Vero, Pilar Yburan, Michelle Languido and Roger Dumayac, all members of the Technical Working Group.

Other respondents freed from charges are Vice Governor Agnes Magpale, PB Members Julian Daan, Wilfredo Caminero, Peter John Calderon, and Joven Mondigo Jr., former PB members Victor Maambong, Jose Maria Gastardo, Teresita Celis, Rosemarie Durano, Wenceslao Gakit, Alfred Francis Ouano and Bea Mercedes Calderon.

Meanwhile, the Durano-led Barug Alang sa Kauswagan ug Demokras-ya (Bakud) Party in the fifth district has denied hands in the filing of criminal case against Garcia and other provincial officials before the Sandiganbayan.

This is in reaction to San Juan City Rep. Joseph Victor Ejercito’s statement (not San Juan mayor as earlier reported) that the filing of charges is possibly one of the conditions imposed by the Duranos during their signing of an alliance with the Liberal Party.

Bakud said that the alliance with the LP is based on mutual understanding to work together for the development of the fifth district and of the Province of Cebu in general.

“Bakud did not impose such kind of a condition to the Liberal Party as filing graft cases vs. Gov. Gwen Garcia based on records, the cases were filed last 2009 long before the alliance and negotiations between the two parties,” said Bakud in a statement.

Bakud Party said it could not possibly impose such a condition because it would be inconsistent with its endorsement of Garcia’s senatorial bid.

“The statement of JV Ejercito is very reckless and irresponsible,” said Bakud Party Chairman, Rep. Ramon “Red” Durano VI.  (FREEMAN)