CEBU, Philippines - For lack of probable cause, the Office of the Ombudsman-Visayas has cleared the municipal mayor of Ronda, Cebu and other town officials for falsification of public document and violation of the Anti-Graft and Corrupt Practices Act.
Graft investigation and prosecution officer Amy Rose Soler-Rellin said the complainant, Tito Villagonzalo, failed to prove his allegation that the respondents falsified Sangguniang Bayan (SB) Resolution No. 155 series of 2001.
“This office is more inclined to believe the respondents. No less than the secretary of the SB of the municipality of Ronda whose duty is to keep all the official records of the municipality including all the SB Resolution has attested that there is no such resolution which is now under in question,†the resolution reads.
Named respondents were Mayor Mariano Blanco III, Vice Mayor Victoria Blanco, SB secretary Homer Landiza, members of Sangguniang Bayan and the prequalification, bids and awards committee’s (PBAC) Leoncio Ubganiel and Danilo Gabatan, municipal treasurer and PBAC member Brigena Cabaron. The others are municipal accountant and PBAC member Daphni Aguaviva, Municipal Planning and Development Coordinator and PBAC member Flaviano Lirazan, Municipal Engineer and PBAC member Oscar Pilapil, women’s representative, PBAC’s Letecia Mahumot and Fishermen’s Organization Representative, PBAC Donciano Gaquing.
In his complaint, Villagonzalo alleged that the respondents falsified SB Resolution No. 155 dated December 18, 2001.
“It was made to falsely appear that the local council manifested its support of the PBAC award of the implementation contract of a self-contained solar-powered water pumping and distribution system in Barangay Butong, Ronda, Cebu to Worlwater Phils Inc. (WWP),†he said.
The resolution was allegedly ratified on December 18, 2001 and the award was made by the PBAC on January 24, 2002.
The complainant said it was made to appear that the PBAC had already awarded the contract to WWP at the time it (Resolution No. 155) was passed, when in fact the award was made a month later, or on June 24 January 2002.â€
Villagonzalo said the respondents likewise violated the anti-graft case for allegedly giving unwarranted benefit to WWP for the “passage of the resolution pre-empting the PBAC.†He added no public-bidding was done in the said project.
In their counter-affidavits, respondent denied the allegations. They maintained that the subject resolution did not exist as they never passed it before the SB.
Blanco III said he was surprised upon seeing his signature in the said resolution. He claimed his signature was forged.
The respondents said although they support the PBAC’s move to award the implementation of contract to WWP, they claimed the SB did not act on the matter.
In her resolution, Rellin ruled in favor of the respondents. She said she believed Landiza who certified that no such resolution was passed by the SB.
In the issue of unwarranted benefit, the respondents said it was true that the PBAC conducted an invitation to bid for the said project but it was only the WWP that responded. — (FREEMAN)