Ombudsman junks graft cases vs. Drilon, et al.
The Office of the Ombudsman dismissed the graft charges filed against Senate President Franklin Drilon, two Cabinet members and other officials of the Department of Public Works and Highways in connection with alleged anomalies in the construction of the Iloilo Convention Center.
Ombudsman Conchita Carpio Morales on May 13 signed a resolution dismissing the charges of plunder, malversation of public funds and other offenses filed against Drilon and several others on March 26.
Besides Drilon, other respondents were DPWH Secretary Rogelio Singson, Tourism Secretary Ramon Jimenez Jr., Tourism Infrastructure and Enterprise Zone Authority chief operating officer Mark Lapid, DPWH Undersecretaries Jaime Pacanan and Romeo Momo, DPWH-6 regional director Edilberto Tayao and Bids and Awards Committee chair Marilyn Celiz.
Former Iloilo provincial administrator Manuel Mejorada accused them of malversation of public funds or property (under Article 217 of the Revised Penal Code), of graft and corruption (R.A. 3019), of plunder (R.A. 7080), and of anomalous procurement (R.A. 9184) for allegedly conspiring to rig the bidding for the ICC and overpricing the project by as much as P500 million.
In a complaint filed on October 29, 2014, Mejorada said the respondents conspired to raise the contract price for the ICC to as much as P747 million even if its construction cost could not go above P300 million. He cited public statements made by Drilon, placing the construction cost at P300 million on April 2012, then P450 million in November 2012, and in two occasions this year, as much as P1 billion.
Mejorada himself confirmed the junking of the charges but said the joint resolution, adapted by a special panel, “was inordinately rushed without delving deeply into the evidence and submitted on March 26, 2015, or just two months after I filed my rejoinder-affidavit for the criminal case and one month after I filed my position paper in the administrative case.”
Claiming it was just a minor setback, Mejorada said he would file a motion for reconsideration to point out the errors in the Ombudsman’ special panel’s joint resolution.
“The special panel noticeably didn’t dwell into the charges that respondents violated Republic Act No. 9184 and its implementing rules and regulations in the engagement of William V. Coscolluela as the architect and the desecration of the entire bidding process enshrined under the law,” Mejorada said.
Mejorada further argued that the Special Panel also erred in ruling that the DPWH did not violate the law in adopting “value engineering” for the negotiated procurement of the contract with Hilmarc’s Construction Corporation.
“Value engineering” is part of the field investigation activities prescribed under the IRR of RA 9184 for infrastructure projects, he said.
Singson, in his testimony before the Senate Blue Ribbon Committee on November 13, 2014, said the construction cost of the ICC at the time was pegged at P747 million.