I still care

Hole of Justice

by Peter G. Jimenea

I still care!

It is now 18 months of further probing the involvement of Cong.

Jerry Trenas in the Pavia Housing anomaly but Deputy Ombudsman

for the Visayas Pelagio Apostol is still groping in the dark for probable

cause against the former mayor.

The P137M taxpayers’ money for the construction of 413 low-cost

houses of the poor city hall employees was prostituted. Not even

a unit was completed. A case was filed in 2004 yet, but it seems to

disappear in the course of time. This is what got me so suspicious

about.

This housing project of the Iloilo City government was implemented

in 2001 under the administration of then Mayor Trenas, yet, it ended

a “white elephant” in 2009. On what misfortune for the taxpayers, the

contractor Alex Trinidad ran away with P64M in his pocket!

It all started when he was discovered to have been using substandard

materials in the construction, thus, the city council issued a unanimous

resolution urging the mayor to suspend the project and sue him. But

the mayor ignored them and continued paying the contractor’s billing

in millions.

Surprisingly, Deputy Ombudsman Apostol as of presstime, cannot find a

probable cause to indict the former mayor and elevate this case to the

Sandiganbayan. My goodness, the unauthorized payment of th mayor to

the contractor is already embraced in RA 3019!

Under Article 1191 of the Civil Code of the Philippines; The power to

rescind obligations is implied in reciprocal ones, in case one of the

obligors could not comply what is incumbent upon him. But what did

the mayor do to protect the taxpayers’ money?

He should have confiscated the surety bond posted by the contractor

as guarantee to finish the project he abandoned. Worse, despite the

residual imperfection their will was done. Culpa lata dolo a equiparatur –

gross negligence is equivalent to malice or intentional wrong. (Balatbat vs

CA, 261 SCRA 128).

Still, Apostol cannot find a probable cause to implicate former mayor

now Cong. Trenas to the messy project. Is Apostol trying to impress upon

us that there is a powerful person trying to influence his decision in this

case? Rumor mills are grinding overnight that it is Sen. Franklin Drilon.

I hope this is not true.

In Section 13, RA 6770 or the Ombudsman Act of 1989, it provides that

the Ombudsman and his Deputies, as protector of the people shall act

promptly on complaints filed against officers or employees of the

government to promote its efficient service to the people.

Well, if there is no hidden hand that interferes with this case, deliberate

or not, the overdue delay of Apostol to resolve it in time has created a

bad impression that it is done in exchange for – you know what!

In the instant case, this runaround is misperceived as the best that money

can buy. For sure Apostol is not that old enough to overlook the sleeping

folder at his office. I hope his is not a probe in eternity.

This is not what we think the business of the Office of the Ombudsman-

Visayas in Iloilo City is all about. But the Housing Project in Pavia is already

a vital proof of its people’s neglect in attending cases. Just a reminder, in

case oblivion prevails….. see the title!