Selective Prosecution

Hole of Justice
by Peter G. Jimenea

 Indictment by Choice

This story explains why there are corrupt public officials never indicted despite the number of graft and corruption cases filed against them at the Office of Monalisa ehe.... este Ombudsman Merceditas Gutierrez.

In 1999, the Director of the National Library filed a complaint with the office of the Ombudsman, against her Asst. Director (the herein Petitioner), for violation of RA 3019, or the Anti-Graft and Corrupt Practices Act, as amended.

The alleged misrepresentation was committed by the assistant when she applied for the present position in 1996. In her bio-data, petitioner claimed she had been consultant of the National Library from Mar. - Dec. 2003 and February 24, 1999.

But after investigation, the Office of the Ombudsman discovered that she merely held the position from March 1, 1993 to December 1994. She asserted the bio-data was used by her in applying for jobs in 1994, and was inadvertently attached to her application for Asst. Director of the National Library in 1996. She also controverted its authenticity since it did not bear her initial or signature.

Graft Investigation Officer I Marlyn M. Reyes found petitioner not guilty and ordered the complaint against her be dismissed for lack of merit. Upon review by the OMB Office of Legal Affairs, however, the petitioner was found guilty of dishonesty and it reversed the earlier decision. Thru a Memo, she was eventually dismissed from gov't. Service on October 21, 1999.

She sought recourse before the Court of Appeals in CA-G.R. SP No. 57158, arguing that:

1. The honorable Office of the Ombudsman, through its office of the Chief legal counsel, erred in holding that it had the requisite jurisdiction to act on the complaint for an act committed three years ago against the petitioner who is not within the scope of applicability of RA 6770;

On August 11, 2006, the CA denied the instant petition and the Memo dated October 21, 1999 of the Office of the Ombudsman in OMB-ADM-0-99-0517 was AFFIRMED on January 5, 2000.

Hence the Petition. She argues that the CA erred when it ruled that the Office of the Ombudsman has jurisdiction over the administrative case three years ago and before her entry into government service when nobody has shown interest over it.

SEC. 21. Officials Subject to Disciplinary Authority; Exceptions. - The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, local government, government-owned or controlled corporations and their subsidiaries, except over officials who may be removed only by impeachment like Members of Congress and the Judiciary.

SEC. 20. Exceptions. The Ombudsman “may” not conduct the necessary investigation of any administrative act or omission complained of if she believes the complaint was filed after one year from the occurrence of the act of omission complained of: Office of the Ombudsman v. De Sahagun. 

TheCourt held that the period stated in Section 20 (5) of R.A. No. 6770 does not refer to the prescription of the offense, but to the discretion given to the Office of the Ombudsman on whether it would investigate a particular administrative offense or not.

The use of the word "may" in the provision is construed as permissive and operating to confer discretion. Where the words of a statute are clear, plain and free from ambiguity, they must be given their literal meaning and applied without attempted interpretation.

SEC. 46.(18), Title I, Book V of the Administrative Code of 1987 provides.... Discipline: General Provisions. (b) even if the dishonest act was committed by the employee prior to entering the government service, such act is still a ground for disciplinary action.

WHEREFORE, premises considered, the petition is DENIED. The Decision dated August 11, 2006 and the Resolution dated October 23, 2006, of the Court of Appeals in CA G.R. SP No. 57158, are AFFIRMED. (SC Third Division. G.R. No. 175115 : December 23, 2009).

On Wisdom of the Court

The wisdom of the Court

After fifteen long-years, the Supreme Court acquitted Hubert Webb and six other convicts jailed for the grisly 1991 Vizconde massacre. The Court thrashed the testimony of prosecution star witness Jessica Alfaro as “inconsistent and unbelievable.”

In a voting of 7-4-4, the Court acquitted Webb, Antonio Lejano, Michael Gatchalian, Hospicio Fernandez, Miguel Rodriguez, Peter Estrada and Gerardo Biong “for failure of the prosecution to prove their guilt beyond reasonable doubt.”

The Supreme Court reversed the decision dated Dec. 15, 2005, and the resolution dated Jan. 26, 2007, of the Court of Appeals and ordered the immediate release from detention of Webb et al. unless they are confined for another lawful cause.

Article VIII, Section 15 (1) of the Constitution directs: All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from the date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.

Then why did it take that long for the SC Justices to read in detail the inconsistencies in Alfaro's testimony as their claim pointed out? Convicts who had been released from the National Bilibid Prison cannot believe the sudden acquittal of Webb et. al, based on the not guilty findings of the SC.

Convicts I interview said they never heard of inmates imprisoned for 15 years and above who were released from prison due to reversal of sentence from guilty to not guilty. As disclosed, the probable reason for an inmate's release ahead of his term is by commutation of sentence.

Others were released from prison not on the ground of a not guilty findings of the SC which review their cases but because of their good behavior. In which case, prison officials recommend them for parole or pardon.

Had there been report of any late-arrest of suspects that can be attributed to the massacre, it will surely cushion the negative impact of this SC reversal of verdict from guilty to “not guilty.” For that, they only added this celebrated case to the list of unsolved crimes in Philippine history.

Worse is the entailed statement of the Court in its decision to acquit the seven accused. It says; “In our criminal justice system, what is important is, not whether the court entertains about the innocence of the accused since an open mind is willing to explore all possibilities, but whether it entertains a reasonable lingering doubt as to his guilt.”

Jurisprudence tells us that a question of law exists when the doubt or controversy concerns the correct application of law to a certain set of facts; or when the issue does not call for an examination of the probative value of the evidence presented, the truth or falsehood of the facts being admitted.

There is also a question of fact when a doubt or difference arises as to the truth or falsehood of facts or when the query invites calibration of the whole evidence considering mainly the credibility of the witnesses, the existence and relevancy of specific surrounding circumstances, as well as their relation to each other and to the whole, and the probability of the situation.

The credibility of the witness and her testimony have been dealt with accordingly and calibrated by the lower court during the niceties of the trial, of which the CA eventually upheld. Sad to say but these were reversed by the SC on mere technicality.

Due to the still existing procedural questions relative to this case, it creates an impression without affirming the perception that this long-delayed decision of the SC of acquitting Hubert Webb et. al, is in exchange for - you know what!

So, who murdered Estrellita Vizconde and her daughters, Jennifer, 7 and Carmela, 18, who was raped before being stabbed to death? If the murderers are still at-large they could be smiling to the ears by now. For Lauro Vizconde, this wisdom of SC Justices is a tragedy as it endangers him of becoming their last casualty!

On Wisdom of the Court

After fifteen long-years, the Supreme Court acquitted Hubert Webb and six other convicts jailed for the grisly 1991 Vizconde massacre. The Court thrashed the testimony of prosecution star witness Jessica Alfaro as inconsistent and unbelievable.”

In a voting of 7-4-4, the Court acquitted Webb, Antonio Lejano, Michael Gatchalian, Hospicio Fernandez, Miguel Rodriguez, Peter Estrada and Gerardo Biong for failure of the prosecution to prove their guilt beyond reasonable doubt.”

The Supreme Court reversed the decision dated Dec. 15, 2005, and resolution dated Jan. 26, 2007, of the Court of Appeals and ordered the immediate release from detention of Webb et al. unless they are confined for another lawful cause.

ArticlIII, Section 15 (1) of the Constitution directs: -All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from the date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts. (610 SCRA 334).

Then why only now? Did it took that long for the SC Justices to read in detail the inconsistencies in Alfaro's testimony as their claim pointed out? Convicts who had been released from the National Bilibid Prison don't believe that the sudden acquittal of Webb et al is based on the not guiltyfindings of the SC.

Some of the ex-convicts I interviewed said they never heard of inmates imprisoned for 15 years and above who was finally released from prison due to reversal of sentence from guilty to not guilty. The reason for the inmate's release ahead of his term is commutation of sentence.

Other convicts with long-term sentence in maximum security cells were released from the custody of prison officials not on the ground of not guilty findings of the SC which review their cases but because of good behavior in prison.

What's more, had there been report of any late-arrest of suspects that can be attributed to the massacre, it will surely cushion the negative impact of this SC not guilty verdict in the case. The acquittal of Webb et al in the Vizconde massacre, has only added another unsolved crime in Philippine history.

The sad part of the story, is the entailed statement of the Court in its decision to acquit the seven accused. It says; 的n our criminal justice system, what is important is, not whether the court entertains about the innocence of the accused since an open mind is willing to explore all possibilities, but whether it entertains a reasonable lingering doubt as to his guilt.”

Jurisprudence tells us that a question of law exists when the doubt or controversy concerns the correct application of law to a certain set of facts; or when the issue does not call for an examination of the probative value of the evidence presented, the truth or falsehood of the facts being admitted.

There is also a question of fact when a doubt or difference arises as to the truth or falsehood of facts or when the query invites calibration of the whole evidence considering mainly the credibility of the witnesses, the existence and relevancy of specific surrounding circumstances, as well as their relation to each other and to the whole, and the probability of the situation.

Due to the existing question of unresolved distinction between the law and facts relative to this case, it creates an impression without affirming the perception that the long-overdue decision of the SC to acquit Webb and the six other accused is in exchange for - you know what!

So, who murdered Estrellita Vizconde and her daughters Jennifer, 7 and Carmela, 18, who was raped before being stabbed to death? If the murderers are still at-large they could be smiling to the ears by now. But this wisdom of the Court endangers Lauro Vizconde of becoming the last casualty!

!

Excommunicate me!


The Catholic Bishops Conference of the Philippines (CBCP) is openly opposed to the Reproductive Health Bill (RHB) still under deliberation in Congress. I find no fault in this except, their propensity to nitpick with the State affairs when their own backyards are in shambles.

Before the May 2010 elections, they threatened the legislators supporting the RH Bill with rejection of votes. Now they are also threatening Pres. Noynoy Aquino with impeachment if he will support the RH Bill. But in Church, they taught us that Jesus Christ has never threatened with retributions those Roman soldiers who persecuted Him.


It is widely believe that parish priests of the Roman Catholic Church in the Philippines survive only through the support of devoted-parishioners. So perhaps, they fear the lose of income from these flocks once the population control is enacted into law.


This holds true to their income from wealthy donors, special masses on demand, wedding ceremonies and many others. In fact, we were even taught during our younger days that no dead members of the family can go to heaven without a ticket from the church known as blessings - for a fee!


But if we concede with the whims of our devotees, how could this struggling government contain the fast growing population when it cannot even provide the basic needs of millions of poor families in the squatter areas? What is in store for these lowly citizens at this time of economic disparity?


As we see it, only twenty percent of children with poor parents finished high school. Less of them have at least put a step in the first year or in second year college, no more. The few survivor may graduate with a college degree, but what about after graduation? The best credential in job hunting today is not what you know - but whom you know. This is what got the poor so hopeless about!


Not only that. Today, many young-mothers died due to lack of proper education about early pregnancy. Yet, Church devotees don't even have the faintest idea on why those young-mothers and their kids died.


Church leaders must now ponder on why reports of abortion are so rampant today and why this illegal business proliferates. More so on reports of abandoned dead and alive fetus almost everywhere.

This only shows that birth control by calendar method is not working well in slum areas. If the birth control pills and condoms are bad for the Church, what about abortion which now seems a solution of last resort by the unprepared and unwed young mothers?


Timendi causa est nescire - ignorance is the cause of fear. This could be the reason why those women who understand the RHB are now emboldened to challenge the Church to excommunicate them. This is a cause for alarm as it can propel more exodus from among women devotees of the Catholic Church.


The RH Bill is not strictly confined in birth control or family planning. It also dwells on helpful information about raising a child, a family, and most of all, about the risk of early pregnancy. A recent report claims that one of every three women in Asia dies during pregnancy or while giving birth.


Church leaders should present their solution to the problem as population explosion seems inevitable. They government has provided them enough opportunity to lobby in Congress for the amendment of the Bill before its enactment into law. They should make use of it.


As noted, lot of devotees are now moving away from their divine faith in Catholic Church due to great difference in opinion regarding the RH Bill. The Church may have their own interpretation of the law but it may be at odds with the understanding and current need of young women of the new generation.


Our Church leaders must work hand in hand with the government to get the best result. An argument aimed to sway popular support by appealing to sentiment weakness rather than facts and reasons would only end in a miserable compromise. A lop-sided stand on this issue can force more women to challenge the Catholic Church to say ........see the title!

The Legacy

Under the stewardship of the former mayor, now Cong. Jerry Trenas, the Iloilo City gov't. coffers were badly beaten by thieves. As easily gleaned, they even surpassed the atrocities committed by crooks of the previous administration.

Look, two years before the term of the former mayor ended, the Iloilo City gov't. was rich by billions of pesos in cash. The city's net book value from property, plant and equipment (PPE) was over P1.35 billion.

These accounts under the PPE are the General Fund (GF) with over P1.04 billion pesos, the Special Education Fund (SEF) with more than P200 million pesos and the Trust Fund.(TF) with over P102 million.

Despite the city government use of IT or electronic Net Government Accounting System (e GAS) which started since 2006, these accounts have an unreconciled balance of over P821 million. This is due to lack of supporting documents or no document at all.

That P821 million pesos is taxpayers money. The people tasked to handle these accounts failed to observe the official responsibility and accountability attendant thereto. But here, the mayor easily get off the hook in the mess they're in.

Another brain-cracking issue against the then city mayor was the paying of P12 million pesos to that drawing of an architect who allegedly prepared the blue-print of the future Iloilo City Hall building.

But according to City Councilor Antonio Pesina, they never see that expensive drawing which cost the city government P12 million pesos. Whether it was honestly paid in full to the architect without a portion slashed, only God knows. But this very expensive drawing has put the integrity of former Mayor Trenas in peril.

The Pavia Housing Project of the City Government for its lowly city employees is not far behind. It started in 2001, during the first term of Trenas as city mayor but ended a white-elephant in 2009. Now it is better known as the Pavia hao shiao!

Not a single unit out of the 413 houses under the contract was seen completely built. This is a story that won't easily go away. The P130 million loan for this project is believed not spent honestly for the construction but a big portion went to corruption.

Worse, while the work stopped due to the discovery of substandard materials used in construction of the houses, the mayor still religiously pay the contractor's billing in millions. It creates an impression without affirming the perception that he shares the slice of the loot because despite the residual imperfection, their will was done!

Lowly city hall employees are most sorely tempted to steal but don't. So, this corruption tainted project of the city government was brought to the attention of the Ombudsman by Atty. Romeo Gerochi, a lawyer who can no longer stomach the deliberate abuse of the taxpayers money.

Ombudsman Merceditas Gutierrez responded by sending her Graft-Investigator Virginia Palanca Santiago to probe the reported corruption in the city government housing project and to determine as to who are the culprits in this mess.

After days of questioning and rigid scanning of documents, graft-investigator Santiago was said to have forwarded her findings to the main office in Quezon City. Her report recommended the filing of cases against a number of Iloilo City Hall officials linked to the mess.

It was only a misfortune that Ombudsman Gutierrez was so enchanted by the legendary painting of Monalisa, the beautiful lady who ignored the many dreams of men brought to her doorstep. As the song goes, those dreams just lie there and they die there.

So, like Monalisa, the cases filed with the office of Ombudsman Gutierrez. just lie there and die there without seeing justice. This give me more reasons to suggest the changing of name of this office from the Office of the Ombudsman to The Office of Monalisa.”

Our next issue will deal with the Jalandoni bridge and the two flyover at the facade of UPV and the University of San Agustin at the time of Mayor Trenas. Talking about absurd legacy, with these projects constructed during his term, what more a legacy can we ask?

Make my day!

Cong. Jerry Trenas may be feeding grudge against me for bringing out on line corruption issues against his administration when still a mayor of Iloilo City. But during his term as elected mayor, he committed misgivings that as to contrition for what he did, apology may not be accepted!

First is the construction of Iloilo Terminal Market bankrolled by the P120M city government loan from the Philippine National Bank (PNB). It was delayed because the first P17M loan released by the bank prior to the start of the project went to the wrong pockets. The crooks hurriedly cut into pieces the gold at hand as if passengers catching the last plane out, forgetting the guard of the treasury who also want a share of the loot. Thus, the delay!

Even the relative of the mayor wants to get a share by lobbying to sub-contract the electrical and water pipe installations inside the market. I am privy to this deal being the manager of an insurance company who issued the performance bond of the contractor as his guarantee to finish the job.

When the mess broke out, city officials threatened to confiscate the bond and sue the contractor for the delay. But the mayor slowed down for fear this could open the hidden mystery of the contract as some officials have become overnight millionaires from that deal.

In order to obviate unwanted consequences, the mayor decided to takeover the construction of the Iloilo Terminal Market. The project was undertaken by administration to cover-up the mess they're in until it was completed. This is one of a story that won't go away.

Then comes the Iloilo City Government Employees Housing Project in Pavia, Iloilo, funded by another P120 million loan from the PNB. The contract was awarded to Ace Builders of Alex Trinidad, rumored to be a friend of Mayor Trenas.

But as soon as the project started, the P120M loan from the PNB was transferred to Philippine Veterans Bank (PVB). The “kamag-anak” factor has played a big role in this transfer which eventually bind the city government to a new accountability of P132M due to alleged expensive transfer-documentation.

Worse, the materials used in the construction of the supposed 413 units of houses were incidentally discovered to be of substandard quality that the media feasted on the issue. Alarmed by the discovery, the city council pass a unanimous resolution urging Mayor Trenas to rescind the contract with Ace Builders and sue the contractor Alex Trinidad.

Unfortunately, Mayor Trenas cannot be intimidated by a resolutions. He just ignored it and continued paying the contractor's billing in millions of pesos. Despite the residual imperfection of the deal, their will was done!

Only the intervention of the Ombudsman stopped the mayor from paying the contractor. Unfortunately, Trinidad has already pocketed P62.5M.of the taxpayers money without a single unit built out of the 413 low-cost houses as stipulated in the contract.

The Employees Housing Project that started during the first term of Jerry Trenas in 2001, eventually ended a “white elephant” in 2009. In streets smart parlance, a hao shiao and the mayor has a lot of explaining to do. But as Mayor Trenas doesn't want to talk about it anymore, these stories of anomaly is now a scroll that forms the basis of his blasphemy!

Few have the faintest idea that the city government pays P17,000 daily interest for that failed housing project including holidays. For over a year, the total interest paid is P24.7M. This deliberate injustice to taxpayers' money is a crime that cries to God for vengeance!

Here, we cannot easily dispel the growing public perception that Trenas is the most despised mayor Iloilo City ever had. But God knows, que peccat ebrius luat sobrius - he who offends when drunk shall be punished when sober. I hope to have made your day in this column. Somebody asks for it, unlike me who just wait for others to....... see the title!