COMPLAINANT Ariel B. Dolleton has asked the
Office of the Ombudsman to place under preventive suspension
Muntinlupa City Mayor Aldrin L. San Pedro, 16 city councilors,
and eight other local officials whom he has charged with
plunder, graft, and violation of procurement laws.
In a six-page motion submitted to the
Ombudsman last April 16, Dolleton noted the failure of the
respondents to submit their counter-affidavits within the 10-day
non-extendible period set by Preliminary and Administrative
Adjudication Bureau-B director Mary Susan S. Guillermo in her
order dated Feb. 28.
The city officials were accused of conspiracy
in approving 11 questionable infrastructure projects worth a
total of P238.07 million in September 2007.
Dolleton said Michael M. Racelis, the city
attorney who sought an extension of the deadline in behalf of
all the respondents had no authority to do so, hence the
Ombudsman's deadline has legally expired.
In a 1990 ruling in the case of Urbano and
Acapulco vs. Francisco Chavez et al, the Supreme Court held that
lawyers on government payroll cannot represent a public official
"at any stage of a criminal case or in a civil suit for damages
arising from a felony."
Dolleton said the respondents are being
charged in their personal capacity and even assuming that they
had hired Racelis as their lawyer, Racelis is still prohibited
under the law to represent any of the respondents in this
criminal case.
San Pedro's co-accused include city
Councilors Icasiano M. dela Rea, Melchor R. Teves, Allan Rey A.
Camilon, Marita Deang-Calalang, Ma. Luisa Babaran-Echavez,
Margarita Amythyst Patdu-Labios, Francis Ian T. Bagatsing, Luvi
P. Constantino, Marissa Cole-Rongavilla, Mamerto T. Sevilla Jr.,
Vergel C. Ulanday, Robert A. Abas, Joselito V. Arevalo, Rey E.
Bulay, Manuel P. Solomon and Christian Glenn D. Lorica.
Also named in the complaint were Bids and
Awards Committee (BAC) chairman Roberto Bunyi; BAC members
Vicente A. Navarro, Michael Racelis, Peter B. Salonga and Sonia
A. Laureta; City Budget Officer Avelino A. Orellana; City
Treasurer Nelia A. Barlis; and City Accountant Edwin T. Suitado.
Among the projects being questioned are the
asphalt overlay/concrete blocking of the Alabang to San Pedro
boundary worth P129.95 million awarded to Socor Constructions;
upgrading of streetlights in Susana Heights, Tunasan (P30.39
million) to Vicvera Builders; construction and installation of a
water tank/submersible pump at the city hall (P24.46 million) to
PDJ Integrated Construction; improvement of sidewalk along the
Tunasan-Alabang national road (P17.54 million) to Vicvera
Builders; and roadway improvement on Bautista Street in Bayanan,
Muntinlupa (P11.65 million) to KCD Builders Corp.
Dolleton was City Department Head III before
he was sacked; he has not received his salaries for the past
nine months after he started questioning the alleged anomalies.
"All 11 infra projects were allegedly bid out
and awarded - including advertisements, pre-procurement/pre-bid
conferences, pre-qualification, post qualification, notice of
award and notice to proceed - in one day only, that is on Sept.
17, 2007, the same day the (budget) ordinance was forwarded to
Mayor San Pedro for his approval and signature," Dolleton said
in his complaint.
He said a public bidding could not have happened because
'there was no posting of the invitation to apply for eligibility
and to bid in any newspaper of general circulation; no
submission of letters of intent by any bidder; no
pre-procurement and pre-bid conferences were held; no payment of
bid documents; no eligibility screening or evaluation; no BAC
resolution of award; and no notice to proceed.' - Peter
J.G. Tabingo
