PROBE ON RAMA, 6 OTHER EXECS ON TRASH TO CONTINUE
Ombudsman gives former Cebu City mayor Michael Rama and other respondents 10 days to file their counter affidavits Rama says he has not yet received a copy of the resolution, but his lawyers are working on his answers
The Office of the Ombudsman found enough basis to proceed with the investigation on the criminal and administrative complaints filed against former Cebu City mayor Michael Rama and six other City Hall officials.
The complaints stemmed from the allegations that Rama and six other former officials and members of the bids and awards committee (BAC) failed to conduct a bidding for the City’s dumping of garbage in a private landfill in Consolacion town, Cebu.
In a resolution received by the City Legal Office last Thursday, the Ombudsman gave respondents 10 days to file their counter-affidavits.
Cebu City Mayor Tomas Osmeña, representing the City Government, filed the criminal complaint for violation of Section 3 (e) of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act and Falsification of Public Documents under Article 171, Paragraph 4 of the Revised Penal Code.
Aside from Rama, the respondents are BAC officials Ester Concha ( chairperson), Belinda Navascues ( vice chairperson), Rolando Ardosa ( member), Conrado Ordesta ( member), and Atty. Collin Rosell ( member). Also included in the complaints is former Department of Public Services ( DPS) official Dionesio Gualiza.
In an interview, Rama said their lawyers are preparing for their answers on the complaints.
“I have yet to receive the copy of the order from Ombudsman but regardless of it, our lawyers will still discuss and prepare,” he said.
Rama said that the anti- graft body’s investigation would give them the chance to prove the legitimacy of the transaction during his administration.
Asian Energy System Corp., the operator of the private landfill in Consolacion, was also included in the criminal complaint.
Osmeña also filed administrative complaints for grave misconduct, serious dishonesty and gross negligence of duty against Rama and the six other officials.
Osmeña alleged that Rama and the previous BAC officials did not conduct a public bidding for the procurement of garbage waste disposal services worth P25.4 million.
Rama and the respondents instead acquired the services of Asian Energy through direct contracting after Gualiza “fraudulently” certified the company is the sole supplier and operator of the landfill, Osmeña added.
However, the Commission on Audit (COA) in their audit memorandum dated Jan. 29, 2015, belied the certification of Gualiza and the Department of Environment and Natural Resources stating there were still other landfill operators aside from Asian Energy.
COA said that two procurement of services to Asian Energy, without public bidding, despite the availability of other landfill operators, violated provisions of RA 9184, or the Government Procurement Reform Act. /