BACOLOD CITY, Philippines — Ombudsman Conchita Carpio Morales has denied the motion of now City Mayor Monico Puentevella for the reversal of its decision indicting him and two other officials over the "computer scam" case they were accused of when he was still congressman.
The case was the first pork barrel-related case to be elevated to the Sandiganbayan by the Ombudsman since the scandal broke out last year.
In the eight-page resolution, penned by assistant special prosecutor Anna Isabel Aurellano last January 7 and signed by Morales, the Office of the Ombudsman said it "finds no basis to reverse its September 30, 2013 resolution," being questioned by Puentevella and the two officials.
The other two respondents are former DepEd-6 regional director Victorino Tirol Jr., and Jessie Garcia, chairman of the board of Merryland Publishing Corp., the supplier of IT (information technology) packages in question.
The case involved the alleged anomalous procurement of computers worth more than P25 million using Puentevella's PDAF from 2002 to 2007 when he was a congressman.
The case stemmed from the purchase of IT packages from Merryland at P400,000 each, allegedly without public bidding, and which were found to be overpriced, defective and non-functional, and that some of the school beneficiaries allegedly did not receive the IT package.
Morales recommended that the case against the three officials be filed at the Sandiganbayan, but Puentevella, Tirol, and Garcia separately filed a motion for reconsideration seeking the reversal of the decision, finding probable cause against them for violation of RA 3019 (Anti-Graft and Corrupt Practices Act).
Puentevella, in a text message to reporters last Friday, said: "I'm not bothered, worried, afraid, and I am ready to face the Sandiganbayan anytime," adding that it may be high time that he faces the allegations to put an end to the case and clear his name.
The mayor said the filing of the case against him was politically motivated, citing the complainant, then city legal officer Joselito Bayatan, being identified with the camp of his political enemy, former Bacolod mayor and now Rep. Evelio Leonardia.
"They simply want to prevent me from being reelected by 2016 because they know my programs are being widely accepted by the people of Bacolod," Puentevella added.
City Administrator Rolando Villamor, who is part of the legal team of Puentevella in this case, confirmed that the motion for reconsideration was denied by the Ombudsman but he said a Supreme Court ruling prevents automatic suspension as it must be determined first that the accused public officer was indicted under a valid information at a pre-suspension hearing.
"We are waiting and ready to face the case head on. This is one chance that I could prove to Bacolodnons that his case is baseless," Villamor said, adding that, "We will question whether the information filed by the Ombudsman is a valid information. That right and move by the accused is guaranteed by the ruling of the SC in the case of Segovia vs. Sandiganbayan."
Bayatan, however, said this only showed that Villamor "does not know what is happening in the computer case. He also keeps on talking about suspension and warrant of arrest, which are imminent consequences of the filing of the criminal case against Puentevella."
In a separate decision, the Ombudsman dismissed Tirol from the service, but since he is already retired, it converted the penalty to a fine equivalent to one year's salary, payable to the Office of the Ombudsman. (FREEMAN)