The Office of the Ombudsman Visayas has ordered 17 city officials and two others to file their counter-affidavit and other controverting evidence to the criminal and administrative cases filed against them by a retired policeman involving the construction of the Bacolod City Government Center.

The cases were filed by Victor Eduardo in January 2008 against the respondents for violation of Section 3(c) of R.A. 3019 and P.D. 1445 and for dishonesty, grave abuse of authority, grave misconduct and acts prejudicial to public service.

The respondents are Mayor Evelio Leonardia, Vice Mayor Jude Thaddeus Sayson, Councilors Greg Gasataya, Homer Bais, Jocelle Batapa-Sigue, Dindo Ramos, Wilson Gamboa Jr., Al Victor Espino, Catalino Alisbo, Roberto Rojas, Alex Paglumotan, and Reynold Iledan, and former Councilors Arturo Parreño and Marx Louie de la Rosa,

City Accountant Ed Ravena and Acting City Treasurer Annabelle Badajos including Hilmarcs Construction Corp. and the Philippine National Bank represented by Efren Canlas and Victorio Sison, respectively.

In his complaint, Eduardo claimed that the Sangguniang Panlungsod passed Resolution 360 on July 18, 2007 in a vain attempt to cure the loan agreement and the deed of assignment entered into by the city and PNB on Feb. 12, 2007.  

The respondents want to make it appear that the contract previously entered by the city with HCC on Dec. 27, 2007 for the construction of the government center is valid and legal, despite the fact that the contract entered into involving the expenditure of funds lacks an Appropriation Ordinance, he said.

Thus the contract becomes void based on P.D. 1445, and all other process, agreement, payments and proceedings that has relation with the void contract of the project, are likewise, null and void and without legal effect as provided under Sections 85, 86 and 87 of P.D. 1445, Eduardo said.

On account of the void contract, the construction of the government center has turned out and became a transaction wholly between private parties, he said.

The first party is the mayor in his private capacity, together with all public officers who cast their support with the void contract, the HCC represented by Canlas as private contractor, and PNB represented by Sison as the project financier, he added.

Eduardo said the respondents continued to implement the void contract with HCC and made illegal withdrawal of funds amounting to P166.9 million to pay the favored  contractor to the damage and prejudice of the city government, despite the warning of the Commission on Audit in a letter to the mayor.

In his order dated Mar.ch 4, 2008, Deputy Ombudsman for the Visayas Pelagio Apostol asked the respondents to file their reply-affidavit within 10 days from receipt of the order after finding enough basis to proceed with administrative and criminal cases filed against them.

Motion to dismiss, motion for bill of particulars and similar dilatory motions are prohibited pleadings and shall be stricken off the records of the case, he said.

Meanwhile, City Legal Officer Allan Zamora yesterday said they have received the order of the Ombudsman and have asked for an extension of 20 days.  

These are the same complaints filed by Eduardo against the city officials before only that he itemized them this time, he said.

The provisions cited by Eduardo refer to the Government Auditing Code of the Philippines but the contract is governed by the Procurement Act of the Philippines or R.A. 9184, Zamora said. Only after the conduct of a post audit can it be determined whether there were violations made or not, he said. There has not been any post audit made yet, he added.

Zamora said they have already filed several memorandums required by the Ombudsman out of the several cases filed by Eduardo against the city officials involving the project. However,  Eduardo did not submit a single memorandum which only shows that he is not serious in filing the case but only wants to harass the city officials and cause them harm, he said.

Sayson had earlier said that Resolution 360 passed on July 18, 2008 is just a reiteration of the present set of Council of the resolution approved by the previous council involving the loan with PNB. He said that before the resolution was passed, there was no withdrawal made.

A previous case filed by Eduardo asking the court to declare the contract null and void was dismissed by the Regional Trial Court, Sayson said.*CGS

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