The Ombudsman has denied the motion for reconsideration of Bacolod Mayor Monico Puentevella seeking the reversal of the decision indicting him and two others in connection with the purchase of alleged overpriced computers worth almost P25 million when he was still a congressman.

This is a landmark case and believedto be the first pork barrel-related one to be elevated to the Sandiganbayan since the scandal on the misuse of the Priority Development Assistance Fund broke out last year, private complainant, lawyer Joselito Bayatan said.

The Ombudsman, saying it has no basis to reverse its Sept. 30, 2013 decision, also ordered the filing of the case against Puentevella, former Department of Education regional director Victorino Tirol and Merryland Publishing chairman Jessie Garcia before the Sandiganbayan.

“Let the information gathered against them be filed in the Sandiganbayan,” the Ombudsman’s decision said, noting that “all the elements of Section 3 of Republic Act 3019 or the Anti-graft and Corrupt Practices Act” are presentin the case

Bacolod City Administrator Rolando Villamor said the mayor is ready to answer the charges against him and prove his innocence. He also claimed that contrary to what the mayor’s opponents say, he cannot be summarily suspended because of the case.

In a separate decision, the Ombudsman dismissed Tirol from the service, but since he is already retired, it converted the penalty to a fine equivalent to one year’s salary, payable to the Ombudsman.

The 8-page decision dismissing the motions for reconsideration of Puentevella, Tirol and Garcia, penned by assistant special prosecutor III Ana Isabel Arellano, was signed by the Ombudsman, Conchita Carpio Morales, on Jan. 8, 2014. Copies of the decision were received by private complainants this week.

“UNWARRANTED BENEFITS”

Puentevella and company, the decision also noted,“gave unwarranted benefits and advantage to Merryland…by awarding it a multi-million-peso contract for the purchase of Informational Technology packages without conduct of public bidding.”

The respondents “caused undue injury to government by depriving it the opportunity to get the most advantageous offer resulting in its purchase of overpriced IT packages,” the decision also said.

They also “acted with evident bad faith and manifest partiality when they violated the requirements of the law on public bidding and awarded the contract to Merryland,” it said.

It also threw out the argument of Puentevella that he did not participate in the procurement process. The Ombudsman’s decision cited his letter introducing a representative of Merryland to DepEd.

“HIGHLY IMPROBABLE”

“It is highly improbable that Puentevella, who was supposed to have no connection with Merryland, and who is claiming to have had nothing to do with the procurement for Merryland, would authorize somebody from the said company to transact with DepEd. If the contract had already been awarded to Merryland, [when Puentevella sent the letter] DepEd Reg 6 must have already known the authorized representative of the company.”

Puentevella’s letter also authorized “Bethel Garcia of Merryland to transact with DepEd Region VI for the delivery, release and payment of the IT package.”

The Ombudsman noted in the decision, that he (Puentevella) “does not refute the letter but states it was a mere follow-up on the implementation of the project.”

The Ombudsman also rejected the arguments of Tirol and Garcia that 1T21 Pte Ltd waswas the copyright holder and sole distributor of the IT packages, noting that the documents they presented showed the company can sell only the educational component of the package.

NO SP AUTHORITY

On Puentevella’s allegation that the City Legal Office which had filed the case did not have authority from the Sangguniang Panglunsod to do so, the Ombudsman said: “It bears stressing that the Ombudsman has full discretion to determine the filing of a criminal case based on the attendant facts and circumstances. The office is not bound by the findings of other investigating bodies.”

The case stemmed from Puentevella's use of his PDAF, also known as "pork barrel," from 2002 to 2007 for information technology packages for elementary and secondary schools in Bacolod, that were supposed to be defective and unsuitable for school use.

In their complaint-affidavit in 2007, lawyers Allan Zamora (now deceased but was the City Legal Officer at the time of filing of case), Joselito Bayatan, and Vicente Petierre alleged that Puentevella, Tirol, and Garcia committed anomalies in the procurement and distribution of IT packages.

NO BIDDING

They said that Puentevella allocated funds from his PDAF from 2002 to 2007 for the purchase of IT packages at P400,000 each. They added that the DepEd-Western Visayas regional office, then headed by Tirol, procured the items from Merryland Publishing Corporation, based in Mandaluyong, without the conduct of a public bidding.

The COA had made the same conclusion in its management letter on the Audit of DepEd Regional office VI, the Ombudsman also noted.

Quoting a report of the Investigation Committee of the Bacolod City Legal Office dated March 26, 2007, the complainants alleged that the IT packages are "overpriced, defective, and non-functional," and that some of the school-beneficiaries have not received them.

Each computer package, which comes with accessories, costs P400,000. The whole package was reportedly overpriced by P14 million, according to CLO Investigation Committee Report in 2007.

Villamor, meanwhile, confirmed that their motion for reconsideration was denied by the Ombudsman but said a Supreme Court ruling prevents automatic suspension as it must be determined that the accused public officer was indicted under a valid information at a pre-suspension hearing, he said.

CHANGE OF STRATEGY

He also said they have changed their strategy in proving the innocence of the Mayor and will no longer seek a motion for certiorari before the Supreme Court as earlier planned, and that Puentevella wants them to directly face the case before the Sandiganbayan as he maintains his innocence.

Villamor also said their legal team has already prepared their strategy but will not yet reveal it to the public for obvious reasons.*CGS

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