Bacolod City Legal Officer Allan Zamora said the Ombudsman cannot reverse the decision of the Court involving the cases filed against the government center project after it became final for failure of the complainant to file an appeal.

He said all the civil cases earlier filed by (retired policeman) Victor Eduardo against the Mayor and other officials involving the project have been dismissed by RTC Judge Gorgonio Ybañez.

After the Court issued a decision dismissing the cases, Eduardo did not file an appeal, Zamora said. His failure to file an appeal is an indication that he is not serious in the cases he had filed, he said.

"I recall Eduardo saying that he will continue the filing of cases against the government center even if he has to spend all his pension," Zamora said. “How can he not afford to file an appeal fee of P500 in the decision of the RTC?” he asked.

He said he believes there is someone behind Eduardo.

Zamora also said the Office of the Ombudsman is equivalent to the City Prosecutor's Office which will automatically require the respondent to file a counter-affidavit once it receives a complaint, even it came from an anonymous person.

He said the first case filed was to ask the Court to declare the project null and void because it was allegedly overpriced but this was dismissed by Judge Rodney Bolunia.

The second case involved the P59 million which was appropriated from the surplus funds of the city for the 15 percent mobilization fee which was passed by the Sangguniang Panlungsod, which they wanted annulled, he added.

“As I have said their only purpose in filing the cases is to intimidate the banks from releasing the loan for the construction of the government center,” Zamora said. “If Eduardo was serious, he should have filed a motion for reconsideration or filed an appeal,” he said.

Zamora said contractor Miguel Carriedo, et al were able to file an appeal after their case was dismissed by the Court.

When Carriedo filed a case against the city, they were successful because the Land Bank of the Philippines did not release the loan proceeds to the city, he said.

But in the case filed by Eduardo, since the Philippine National Bank released the loan, Zamora said he believes they will continue to file cases until the bank will no longer release the loan to the city.

He said they have received last week the order of the Ombudsman in the case filed by Eduardo against the city and Philippine National Bank officials for the alleged overpriced project and they are now finalizing their counter-affidavits.

Meanwhile, RTC Judge Gorgonio Ybañez, in his decision dated Aug. 21, 2007, said the claims of the plaintiffs (Eduardo, et al) that the certificates of the title over the property have not been transferred yet in the name of Bacolod City in the records of the Registry of Property, is of no moment, as a certificate of title simply recognizes an existing right and merely evidences one's ownership.

He said the perfection of the donation in accordance with law, as early as June 14, 2006, was that which conveyed and granted ownership to the City of Bacolod over the donated property.*CGS

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