SC upholds indictment of ex-PEA execs over road project

MANILA, Philippines - The Supreme Court (SC) has upheld the indictment of the former officers of the Public Estates Authority (PEA) over the anomalous construction of Diosdado Macapagal Boulevard in Pasay City.

In a decision released yesterday, the high court affirmed a resolution handed down in 2003 by the Office of the Ombudsman approving the filing of graft charges against the former directors of the PEA before the Sandiganbayan.

The SC dismissed a petition filed by former PEA officials Victor Lacson, Raphael Pocholo Zorilla, Cristina Amposta-Mortel, Manuel Berina Jr., Jaime Millan, Bernardo Viray, Frisco Francisco San Juan, Carmelita de Leon-Chan, Daniel Dayan, Salvador Malbarosa, Leo Padilla and Elpidio Damaso.

The high court said the ombudsman’s finding of probable cause did not touch on the issue of guilt or innocence of the accused.

“The ombudsman simply weighed the evidence presented, together with the counter-allegations of the accused and determined that there was enough reason to believe that a crime has been committed,” the ruling said.

Macapagal Boulevard was built in 2002 to address flooding in the area, ease traffic along Roxas Boulevard and link it with the circumferential and radial road system of Metro Manila.

The PEA board in 1998 approved the road project as well as the P1-billion loan facility in the form of convertible notes to finance the same.

However, a Commission on Audit report showed that apart from the original contract price of more than P584 million, the total project cost of package I with contractor J. D. Legaspi amounted to more than P837 million.

In October 2002, former PEA board member Sulficio Tagud filed a complaint against the officers and members of the 2001-2002 board directors and other accused.

In the assailed ruling, the ombudsman approved the filing of charges for violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act against the petitioners before the anti-graft court.