Ombuds revives lamppost probe

CEBU, Philippines - The Office of the Ombudsman-Visayas reopened its investigation into the alleged anomalous purchase of the decorative lampposts used during the 12th Association of Southeast Asian Nations Summit in 2007.

Deputy Ombudsman for the Visayas Pelagio Apostol said their request to reinvestigate the case, follow ing the dismissal by the Sandiganbayan of the charges against Lapu-Lapu City Rep. Arturo Radaza and 12 other accused, was granted by the Ombudsman central office.

“May clearance na kami to conduct preliminary investigation we received it yesterday,” Apostol said.

Apostol explained the dismissal was without prejudice, which means double jeopardy does not apply, giving them the opportunity to reinvestigate and re-file the case if necessary.

The Sandiganbayan 5th Division dismissed on January 16, 2012 the anti-graft case against Radaza; then DPWH legal officer Agustinito Hermoso; former DPWH-7 director Robert Lala; DPWH-7 assistant 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 for lack of evidence.

The Ombudsman prosecutors admitted before the court that there is a need to conduct further investigation to substantiate the allegation that the contract entered into by the accused was indeed manifestly and grossly disadvantageous to the government.

The anti-graft court pointed out in its decision the admission of the Ombudsman that the information on the cases covers only the price for lampposts and excludes the labor costs, transportation costs and other expenses incurred for the installation of the lampposts.

It pointed out that information on labor costs, transportation costs and other expenses are crucial in proving that the officials entered into a contract “manifestly and grossly disadvantageous” to the government.

The government allegedly lost about P45 million in the transaction.

According to Apostol, the investigation starts yesterday.

He said they will correct all the lapses they previously committed leading to the dismissal of the case.

Apostol assured Radaza and the other respondents that the anti-graft body will be fair. In fact, he said they will dismiss the case if all the allegations will be explained satisfactorily by all the respondents.

He however believes that they have a strong case, only that the prosecutor in the case failed to point out the evidence.

“Yung basis ng Sandiganbayan in dismissing the case nandoon lahat sa record hindi lang na point out,” he said.

Radaza maintains his position that he was deprived of due process claiming that he was not given the opportunity to answer the case. According to him, the investigation was haphazardly done. It was allegedly evident in the Ombudsman’s refusal to give him copy of the resolution. —(FREEMAN)