28 September 2005
Ombudsman junks another case against Mayor BSL
By Sheila Hortaleza-Aquino
THE Deputy Ombudsman for Luzon has dismissed for lack of merit the cases of violation of the Anti-Graft and Corrupt Practices Act (Republic Act 3019), illegal use of public funds (technical malversation) and grave misconduct filed against City Mayor Benjamin S. Lim, City Treasurer Romelita Alcantara and Engineer Miguel dela Torre of the City Engineer’s Office.
Deputy Ombudsman for Luzon Victor Fernandez approved the decision based on the recommendation of Director Emilio Gonzales III and Graft Investigation and Prosecution Officer I Maritess Fabila-Vizconde.
The complainant, lawyer Victor Llamas, who represented the so-called Citizens Coalition for Reforms, Social Justice and Good Government, alleged the three respondents conspired and connived with each other for the purchase of 420 sets of streetlight and their accessories from Grandtex Marketing Corporation without public bidding and corresponding ordinance by the sangguniang panlungsod.
Llamas, a former regional trial court judge, said the procurement of the streetlight in the amount of P8,064,400 was overpriced and that these were installed in February 2003.
“A careful evaluation of the records of the case reveals the respondents cannot be held liable for violation of the Anti-Graft and Corrupt Practices Act since there is no evidence to show that complainant or the City of Dagupan suffered undue injury under the circumstances,” the ombudsman declared.
Records reveal that Ordinance 1775-2003 passed by the sanggunian covered the purchase of the streetlights and their accessories.
The ordinance which was approved on June 6, 2003 appropriated a total of P10 million for the construction and installation of streetlights and fixtures around the Dagupan City Proper.
Although the construction and installation of the streetlights and their accessories started on March 2003 or prior to the approval of the ordinance, the defects in the implementation of the project were cured by the eventual passage and approval of the ordinance, according to the ombudsman.
The decision added that the purchase from Grandtex Marketing Corporation was made without public bidding because these were procured directly from an exclusive distributor.
Fernandez said General Services Officer-in-Charge Gil Maramba testified that the streetlight exclusively distributed by Grandtex has no suitable substitute of the same quality available in the local market.
“It is worthy to note that the respondents paid Grandtex only on June 19, 2003 which was after the passage and approval of the ordinance appropriating the P10 million amount,” the decision stated.
Fernandez said the charge of illegal use of public funds similarly lacked merit, because one element—the use of public funds or property on something other than the purpose for which such are intended—as provided under Article 220 of the Revised Penal Code, was lacking in order that the accused may be held liable.
“The administrative charge of grave misconduct against the respondents must be dismissed because the procurement of the streetlights and their accessories is legal and supported by proper documents and the administrative case against Mayor Benjamin S. Lim must also be dismissed for being moot and academic considering that he was reelected as City Mayor of Dagupan City last May 2004 x x x” the ombudsman declared.
THE Deputy Ombudsman for Luzon has dismissed for lack of merit the cases of violation of the Anti-Graft and Corrupt Practices Act (Republic Act 3019), illegal use of public funds (technical malversation) and grave misconduct filed against City Mayor Benjamin S. Lim, City Treasurer Romelita Alcantara and Engineer Miguel dela Torre of the City Engineer’s Office.
Deputy Ombudsman for Luzon Victor Fernandez approved the decision based on the recommendation of Director Emilio Gonzales III and Graft Investigation and Prosecution Officer I Maritess Fabila-Vizconde.
The complainant, lawyer Victor Llamas, who represented the so-called Citizens Coalition for Reforms, Social Justice and Good Government, alleged the three respondents conspired and connived with each other for the purchase of 420 sets of streetlight and their accessories from Grandtex Marketing Corporation without public bidding and corresponding ordinance by the sangguniang panlungsod.
Llamas, a former regional trial court judge, said the procurement of the streetlight in the amount of P8,064,400 was overpriced and that these were installed in February 2003.
“A careful evaluation of the records of the case reveals the respondents cannot be held liable for violation of the Anti-Graft and Corrupt Practices Act since there is no evidence to show that complainant or the City of Dagupan suffered undue injury under the circumstances,” the ombudsman declared.
Records reveal that Ordinance 1775-2003 passed by the sanggunian covered the purchase of the streetlights and their accessories.
The ordinance which was approved on June 6, 2003 appropriated a total of P10 million for the construction and installation of streetlights and fixtures around the Dagupan City Proper.
Although the construction and installation of the streetlights and their accessories started on March 2003 or prior to the approval of the ordinance, the defects in the implementation of the project were cured by the eventual passage and approval of the ordinance, according to the ombudsman.
The decision added that the purchase from Grandtex Marketing Corporation was made without public bidding because these were procured directly from an exclusive distributor.
Fernandez said General Services Officer-in-Charge Gil Maramba testified that the streetlight exclusively distributed by Grandtex has no suitable substitute of the same quality available in the local market.
“It is worthy to note that the respondents paid Grandtex only on June 19, 2003 which was after the passage and approval of the ordinance appropriating the P10 million amount,” the decision stated.
Fernandez said the charge of illegal use of public funds similarly lacked merit, because one element—the use of public funds or property on something other than the purpose for which such are intended—as provided under Article 220 of the Revised Penal Code, was lacking in order that the accused may be held liable.
“The administrative charge of grave misconduct against the respondents must be dismissed because the procurement of the streetlights and their accessories is legal and supported by proper documents and the administrative case against Mayor Benjamin S. Lim must also be dismissed for being moot and academic considering that he was reelected as City Mayor of Dagupan City last May 2004 x x x” the ombudsman declared.
