Ombuds junks complaints vs 10 BOPK officials

CEBU, Philippines - The Office of the Ombudsman sees no probable cause and substantial evidence to indict the five incumbent officials and five former councilors of the Bando Osmeña Pundok Kauswagan for alleged violation of the Anti-Graft and Corrupt Practices Act.

The Ombudsman said the complainants failed to establish that the respondents favored one side when they turned down a proposed supplemental budget.

Those charged were Councilors Margot Osmeña, Sisinio Andales, Eugenio Gabuya Jr., Mary Ann Delos Santos,  Alvin Arcilla,  as well as former councilors Nida Cabrera, Roberto Cabarrubias, Nestor Archival, Lea Japson and Alvin Dizon.

The complainants – city taxpayers Rolando Zozobrado, Sofio A. Miral, Bernando Tamundo and Evelyn Montes – filed a case for malversation of public funds and property and grave abuse of authority against the respondents.

"From foregoing, no act so flagrant can be attributed against respondents to merit a criminal prosecution for violation of Section 3 (e) of RA. No. 3019, as amended. Respondents cannot be considered to have acted with "clear inclination to favor any party", or with negligence so "gross and inexcusable", read the court decision.

"There is also no basis to indict respondents for Malversation under Article 217 of the RPC," it added.

The criminal and administrative charges filed by the complainants were allegedly based on the act of the respondents in deferring the deliberation of the proposed Supplemental Budget No. 1 for year 2015.

The respondents allegedly intended to sabotage the decision of then mayor Michael Rama.

On August 14, 2015, Rama submitted the proposed supplemental budget to the City Council for approval.

The supplemental budget included the P2,423,583,200 allocation to pay the Land Bank of the Philippines for the city loan that was used to develop the South Road Properties.

Based on the transcription of the SP secretariat office, the respondents deferred the proposed budget since there was a pending case filed before the Regional Trial Court by Romulo Torres against Vice Mayor Edgardo Labella and the City Council questioning the sale of SRP lots through public bidding.

Torres also asked the court to bar the city government from using the developers' down payment amounting to P8.3 billion.

"Please note that only the Sangguniang Panlungsod and its members are defendants to the case. Should the court rules in favor of Atty. Torres will make us personally liable and accountable for the entire P8.3 billion for being the final approval party for the appropriation of the amount?" read the transcription of Osmeña's statement during the council's regular session.

The Ombudsman also dismissed the administrative case against the respondents since the complainants failed to established evidence to prove it.

"Likewise, the administrative charges for Grave Abuse of Authority, Grave Misconduct, and Gross Neglect of Duty against the same respondents are dismissed for lack of substantial evidence," the decision reads.

The order of the Office of the Ombudsman was signed by Graft Investigation and Prosecution Officer II, Maria Bernadeth Andal-Subaan and was reviewed by acting director Euphemia Bacalso. It was approved by Deputy Ombudsman for Visayas Paul Elmer M. Clemente.

Andales said he knew that the complaints will be dismissed for lack of legal basis because it is within the prerogative of the council to either approve or disapprove the proposed supplemental budget.

"We will study as to whether to file damage suit against them (complainants) or not," he added.

The case was filed on October 14, 2015.  Odessa O.Leyson(FREEMAN)