THE Sandiganbayan First Division has affirmed the 90-day
suspension earlier slapped against Leyte Rep. Eufrocino Codilla Sr. in
connection with a pending graft charge filed against him by the Office of the
Ombudsman.
In a 10-page resolution promulgated last Oct. 9, the graft
court junked Codilla’s motion for reconsideration questioning the basis for the
suspension order. Codilla claimed the information was invalid because of grave
abuse of discretion by former Ombudsman Aniano Desierto who unilaterally
reversed a resolution by investigators recommending the dismissal of the
complaint.
The court upheld the power of the Ombudsman to overturn the
recommendation of his investigators, an authority already sustained by the
Supreme Court. "The Court is not inclined to disagree with the recent
disquisition of the Supreme Court upholding the powers of the Ombudsman,
especially in the filing or dismissal of cases filed before his office.
Certainly, it is within the power of the Ombudsman whether he adopts the
recommendation of his subordinates or disapproves the same," it pointed out.
The court also overruled Codilla’s contention that his
suspension is already moot because he is no longer mayor of Ormoc City, which he
was when the offense took place, and cannot influence the case or intimidate
witnesses. The court upheld the prosecution’s stand that his suspension is
mandatory under the Anti-Graft and Corrupt Practices Act.
The case involves an allegation that Codilla maintained
pecuniary interest in a cockpit business being run in a sports center built on
his own property while he was Ormoc City mayor.
Prosecutors noted that while the accused is not a member of the Sangguniang
Panlungsod which issued a business permit to his son, Eric, to operate the
cockfighting business, Codilla’s ownership of the land and the building where
the business was being run sufficiently established his financial interest in
the enterprise. – Peter J. G. Tabingo
2 soldiers injured in ambush
BACOLOD CITY — Two soldiers were injured when they were
ambushed on Monday by some 40 suspected New People’s Army rebels in Barangay
Laga-an, Calatrava, Negros Occidental.
Injured were Pfc. Anacleto Jabonite of the 33rd Division
Reconnaissance Company and Cpl. Mamerto Alimoren of the 15th Infantry Battalion.
They were brought to the Riverside Medical Center here for treatment.
Maj. Nathaniel Villasor, 303rd Infantry Brigade Civil
Military Operations officer, yesterday said Jabonite and Alimoren were part of
Special Operations Team of the Philippine Amy which was on its way to Barangay
Menchaca for a series of dialogues with residents in the area.
Despite being outnumbered, the Army SOT operators kept up the
gunbattle for more than an hour which prompted the rebel ambushers to withdraw
in separate directions, Villasor said.
Twelve SOT teams were deployed by the 303rd Infantry Brigade
in the hinterlands of Calatrava, Toboso and Escalante to counter the NPA’s
organizing and expansion activities. Villasor said these teams hold dialogues
with the people during several months’ immersion in the community to find out
their concerns and problems, which are being exploited by the CPP-NPA legal
fronts, to bring them to the attention local government units and concerned
national agencies.
Prior to the ambush, the military reported frequent sightings of several
armed insurgents in the upland areas of Calatrava and its neighboring areas.
–Gilbert Bayoran
PNR ordered to pay train
victim P172,000
FOR negligence in putting up early warning devices along its
tracks and premises, the Supreme Court has ordered the state-owned Philippine
National Railways to indemnify the family of a man who died after his car was
hit by a speeding train 15 years ago in Pandacan, Manila.
The SC’s Third Division upheld the rulings of the Court of
Appeals and the Manila regional trial court ordering the PNR to pay the heirs of
victim Jose Amores with P172,000 just compensation.
The high court sustained the findings of the lower courts
that the PNR is liable for damages for the death of Amores. The SC said that
despite the absence of a law or ordinance requiring it, public safety demands
that said device or equipment be installed.
"The authority in this jurisdiction is that the failure of a
railroad company to install a semaphore or at the very least, to post a flagman
or watchman to warn the public of the passing train amounts to negligence," the
court ruled.
The SC sustained the argument of the complainants that Amores
took absolute care and caution to avoid the collision, while the PNR neglected
its responsibility to use reasonable care to keep the signal devices in working
order.
The SC said that based on the records, the PNR and train
driver Virgilio Borja were negligent when the collision took place. It said the
train was running at a fast speed considering that it dragged Amores’ car some
distance away from the point of impact in Kahilum II despite Borja’s application
of emergency brakes.
Evidence also showed that PNR failed to put up crossing bar, there was no
flagman or guard posted to man the intersection, and the train did not even blow
its whistle before it hit Amores’ car. – Evangeline C. de Vera
