Ombuds junk graft raps vs ex-mayor, firm exec complainant seeks for reconsideration

BACOLOD CITY, Philippines – Murcia town Mayor Andrew Montelibano moved for a reconsideration of the Office of the Ombudsman’s decision dismissing the criminal charges, due to lack of probable cause, he filed against a former and a private company official.

Montelibano, in a statement, said he filed the motion for reconsideration on February 7 after Ombudsman Conchita Carpio Morales ruled, on December 22 last year, junking the graft and corruption charges against former mayor Esteban Coscolluela and Julieta Cunanan, president and chief executive officer of the Systems and Plan Integrator Development Corporation.

The complainant alleged there was irregularity in the P16.8-million computerized revenue enhancement, a project during Coscolluela’s term in 2009. Montelibano claimed the project was overpriced and that there should have been competitive bidding.

The mayor, while respecting the Ombudsman decision, said he filed the MR “to properly aid the Ombudsman in knowing the truth,” insisting that the project was not even listed among the priority projects of the Municipal Development Council.

“Murcia would have suffered damages if not for the concerted efforts of the people of Murcia. I just hope that my motion can convince the Ombudsman to reverse its decision,” said Montelibano, arguing that there was not bidding for the project and that SPIDC had no patent for the software applications it offered to the LGU.

Montelibano said the dismissal of the case did not shake up his desire to clean the LGU of deception and corruption. He clarified that he is now pursuing the case not because of political differences.

Coscolluela, in his counter-affidavit, denied the allegations, insisting that there was public bidding for the project, as published in a national newspaper and posted in the Philippine Government Electronic Procurement System.

There were seven companies that signified interest in being the software provider for the project, but only SPDIC submitted the bidding documents, said the former mayor, while Cunanan contended there was no conspiracy between SPIDC and the LGU for the project.

The Ombudsman, in ruling that SPDIC was not “favored,” said Coscolluela could not be faulted for giving the project to the firm, and that the contract did not bring any actual damage because the LGU has neither paid SPDIC yet nor started paying its amortization to the bank. Montelibano also failed to prove the project was overpriced, it added.