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By Jomar Canlas, Reporter
THE Court of Appeals (CA) in Cebu
junked the petition and denied the prayer for a temporary
restraining order by Mayor Thadeo Ouano of Mandaue City. Ombudsman
Maria Merceditas Navarro-Gutierrez earlier ordered the preventive
suspension of Ouano along with Mayor Athuro Radaza of Lapu-Lapu and
17 other local and Public Works officials in view of the alleged
anomalous transaction involving lampposts installed in time for the
Asean summit.
In two separate resolutions of
the CA 18th Division, penned by Associate Justice Francisco Acosta,
it dismissed the petition of Ouano due to technicality, for failure
to attach the Order of the Office of the Ombudsman suspending Ouano
from office.
The CA made its ruling on the
basis of the Rules on Civil Procedure that a petition for certiorari
shall only be entertained, provided the annexes and the attachments
are complete.
Ouano immediately filed his
Supplemental petition attaching the copy of the Order of the Office
of the Ombudsman, but no positive action was taken by the CA-Visayas.
The Office of the Ombudsman was
just given 20 days from notice to file their comment while Ouano was
given 10 days to reply to the said comment.
“Without necessarily
giving due course to the petition, respondents are required to
comments 20 days from notice. Petitioner’s prayer for the issuance
of TRO, This court finds no cogent reason to issue the same, hence
the same is denied,” the CA says.
Other justices who concurred in
the ruling are Executive Justice Arsenio Magpale and Stephen Cruz.
Cruz replaced Justice Agustin Dizon who is now in Baguio for
official business.
Ouano alleged that he couldn’t
be suspended since there was no information filed yet against him
before the Sandiganbayan.
Based on investigations conducted
by the Office of the Ombudsman-Visayas, which the Chief Ombudsman
approved, the subject lighting facilities, as acquired and/or paid
for by the government, were highly overpriced.
She said that the glaring
difference in the actual cost and the price quoted by the said
officials as supported by documents and other evidence gathered by
the OMB investigating panel constitute strong evidence of guilt.
The suspension order was also
implemented in order for the said respondents not to tamper with the
evidence in their possession and not to use their influence and
position in the course of the investigation.
Gutierrez has directed the
director of the Department of the Interior and Local Government (DILG)
Region VII, Cebu City and the secretary of the Department of Public
Works and Highways (DPWH) to immediately implement the said order.
Also included in the said
suspension orders of the Office of the Ombudsman are OIC-City Engr.
Hidelisa Latonio, Assistant City Engr. Gregorio Omo, and Engrs.
Mario Gerolaga, Alfredo Sanchez Sr. and Rosalina Denque, all of
Mandaue City; City Engr. Julito Cuizon, Assistant City Engr.
Fernando Tagaan Jr. and Engr. Rogelio Veloso, all of Lapu-Lapu City.
Besides the names given, DPWH
Region VII former assistant Director Robert Lala, Regional Director
Gloria Dindin, Assistant Regional Director Marlina Alvizo, OIC-Chief
Maintenance Division Pureza Fernandez, OIC-Assistant Chief
Maintenance Division Cresencio Bagolor, Regional Legal Officer
Agustinito Hermoso, Planning and Design Division Chief Luis Galang,
Administrative Division Chief Restituto Diano and Construction
Division Chief Buenaventura Pajo were also suspended.
The Ombudsman for the Visayas,
headed by Acting Deputy Ombudsman Virginia Santiago, it was
discovered that the lampposts were expanded to almost 10 times its
actual cost.
In addition, it was also noticed
that the programs of work prepared by Lapu-Lapu City are almost the
same with those contained in the programs of work prepared by
Mandaue City.
The OMB panel also stated
that the DPWH-Region VII which prepared the Programs of Work for the
procurement and installation of decorative lampposts for Cebu City
and other parts of Lapu-Lapu City pegged the total cost of the
assembly at P50,172. It stated that based on importation documents,
the cost would have amounted to only P6,737.79 per assembly.
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