CEBU, Philippines - The case filed against Department of Public Works and Highways officials and Lapu-Lapu City officials, who were accused of violating the Anti-Graft and Corrupt Practices Act for the controversial lampposts used for the 12th ASEAN Summit held in Cebu in 2005, has been dismissed.
This was stated in a resolution issued and promulgated last January 16 by Associate Justice Napoleon Inoturan of the Special 5th Division of the Sandiganbayan.
The Sandiganbayan dismissed without prejudice the case against all the accused; Rep. Arturo Radaza, who was then the Lapu-Lapu City Mayor; then DPWH legal officer Agustinito Hermoso; former DPWH-7 regional director Robert Lala; DPWH-7 assistant regional directors Marlina Alvizo and Gloria Dindin; and division heads Luis Galang, Restituto Diano, Buenaventura Pajo and Pureza Fernandez, Lapu-Lapu City engineer Julito Cuizon and assistant engineers Rogelio Veloso and Fernando Tagaan Jr. and Isabelo Braza, the president and chairman of Fabmik Construction and Equipment Supply Co. Inc. were also exonerated.
The bonds posted by the accused were also cancelled and ordered returned to them in accordance with the usual accounting and auditing procedures. Hold Departure Orders issued against them in this case were likewise ordered cancelled. The hearing set for last January 24 was also cancelled after the resolution was released.
After weighing the merits of the arguments set by the parties, the Sandiganba-yan found the dismissal of the case is warranted. This case was the result of an investigation conducted by the Ombudsman-Visayas on the installation of lampposts used for the 12th ASEAN Summit.
After the preliminary investigation, the accused were charged for Violation of Section 3(g) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
Braza anchored his prayer for dismissal on an order issued by Ombudsman Merce-ditas Gutierrez dated July 30, 2008 and memorandum dated October 10 of the same year.
Radaza filed a manifestation with motion to take Judicial Notice of the Resolution of the other divisions of the Sandiganbayan with respect to similar cases, in consideration of said order and memorandum.
The order called for further investigation of the cases.
The Ombudsman admitted the need to conduct further investigation to substantiate the allegation that the contract entered into by the accused was indeed disadvantageous to the government. It further admitted that the information on the cases covers only the price for lampposts, excluding the labor costs, transportation costs and other expenses incident to the installation.
The said admissions indicate that there was no probable cause to warrant the filing of the cases as the labor costs, transportation costs and other expenses incident to the installation are matters that could and should have been discovered during the preliminary investigation, which are crucial in proving the third element of the crime charged.
In 2009, Radaza was cleared of one case filed against him over the alleged overpriced lampposts in an 83-page document from the Office of the Visayas Ombudsman.
Radaza still has a case pending in the Supreme Court first division regarding the same controversy.
He was sought for comment yesterday but declined to issue any. — /BRP (FREEMAN)