Sunday, August 24, 2008

Ombuds ruling on NIA graft assailed

After dragging on for four years, the complaint for violation of the Anti-Graft and Corrupt Practices Act against five National Irrigation Administration (NIA) officials in relation to their involvement in the questioned Talibon Small Reservoir Impounding Project (TSRIP) has been dismissed by the Ombudsman.

While awaiting for graft charges to be filed in the courts, the Ombudsman ruling struck the complainants by surprise.

According to the 24-page decision signed by Acting Ombudsman Orlando Casimiro, the complaint lacked substantial legal basis to be given due course.

Respondents of the case were Regional Irrigation Manager Alexander Reuyan, Bohol Provincial Irrigation Officer Calixto Seroje, NIA regional finance manager Jesusa Sibonga, Small Reservoir Irrigation project officer Eduardo Daniel and senior accountant Victor Echavez.

The Boholanos Against Corruption, Oppression and Social Harassment (Bacosh) however filed a motion for reconsideration on Friday assailing the ruling of the anti-graft body.

In its pleading, the group said that the decision "has effectively doused cold water on the people's faith in the capacity of government to rule under the pale of law with justice and respect for the sovereign people."

Bacosh accused the Ombudsman of bowing down to pressure from "powerful officials" who are involved in the case.

Two years ago, a NIA Fact Finding Team who investigated the issues raised by Bacosh regarding alleged irregularities in the release of some P165 million for the Talibon SRIP.

The project, which had an approved budget for contract of P243 million was reported half-completed even with only 4 visible structures and civil works that were not covered by duly-approved programs of work, as alleged by Bacosh.

Calling the decision "a strange verdict", Bacosh stated in its motion that an audit formally done in December 1998 by NIA and COA showed that the project was about 50% accomplished and yet P165 million was already exhausted.

The anti-graft watch group also questioned why Graft Investigation Officer Sarah Jo Vergara penned a resolution on June 22, 2006, two years from the filing of the complaint against the NIA officials, recommending the dismissal of the case "for lack of substantial legal basis".

Bacosh likewise noted the resumption of civil works on the questioned project through fresh funding even with a pending complaint in the Ombudsman.

"The questioned project, mysterious in itself, was shrouded with mysteries from the finding of prima facie evidence until the resolution of dismissal…"

According to the complainants, from the finding of a prima facie case, proper charges should have been filed in court to allow the respondents clear their names after they have been indicted in the Fact Finding Team report.

The respondents likewise succeeded in causing the release of fresh funds for the project's resumption.

"Now that the project is on-going, albeit a new funding, there is already an excuse for saying that the complaint on this project 'looks substantial legal basis', suppressing the fact that this case centers on the P165 million outlay which was exhausted without the project being completed," the motion stated.

Bacosh pleaded that the resolution be reversed and the filing of appropriate graft charges be filed against the 5 NIA officials.

1 comment:

Kunsensya ng Bayan said...

The Group would like to ask this anti-graft crusaders that pls. be consistent to whoever you think and the people taught had done graft and corruption in the government esp. in Bohol. Why single out to Gov. Aumentado? Why not include Vice-Gov. Herrera during his incumbency as Mayor of Calape - the so-called New Calape Cultural Center? Who benefitted that huge-amount projects? Now, as Vice-Governor, his discretionary funds, is he not accountable to the people of Bohol?