Ombudsman’s turtle-paced resolution to mayor’s case questioned
By Ben O. Tesiorna, Reporter

A Dabawenyo businessman has questioned the seemingly slow action taken by the Office of the Ombudsman on the graft cases the trader filed against the mayor of a town in Davao Oriental.

In an interview, Ruben Feliciano, who is into shipping, mining and logging, said that he filed the graft charges against Tarragona Mayor Samuel Uy before the Ombudsman Mindanao on July 31, 2008 yet until now the cases are still pending for resolution.

Thus in an urgent motion, Feliciano wrote Overall Deputy Ombudsman Orlando Casimiro urging the central office of the Ombudsman “for the speedy disposition of the cases against Mayor Uy”.

Feliciano filed six separate charges against Uy for violation of Republic Act 3019, RA 9184, grave misconduct, conduct prejudicial to the best interest of the service, and neglect of duty.

In his letter dated August 14, 2009, Feliciano prayed for the imposition of a preventive suspension against Mayor Uy in light of the pending investigation of the Ombudsman.

“In line with the rulings of the Supreme Court on the matter, preventive suspension becomes an administrative process by which Mayor Uy will be kept at bay, restraining him from using his title, position, powers, resources and prerogatives to influence and harass potential witnesses or tamper with the records which may be vital in the adjudication of these cases against him,” Feliciano stated in his urgent motion.

The complainant said that “the evidence of guilt is so strong against respondent Mayor Uy and given the gravity of the offense there is a great probability that the continuance in office of the respondent could influence the witnesses or pose a great threat to the safety and integrity of the records and other evidences, and corruptions/abuses will continue.”

Feliciano’s charges are supported by the Commission on Audit’s result of their special audit team’s investigation on the anomaly charges that was submitted by COA to the Ombudsman on September 24, 2008.

The COA special audit team composed of Bienvenido Presilda, Alfredo Largo and Romeo Mahinay conducted probe on June 16, 2008 in relation to Feliciano’s accusations that Mayor Uy had made several cash advances amounting to P2,532,500.

This is aside from the cash advances made by two municipal job order workers, namely Remalyn Punay and Mercy Nanong, that amounted to at least P10 million.

The COA report said that most of the cash advances remained unliquidated that resulted to the incurrence of cash overdraft of P3,927,911.72 as of January 31, 2008 by the municipal government of Tarragona.

The COA special audit team recommended for the filing of appropriate charges against Mayor Uy and the two casuals for the “illegal and irregular disbursements of government funds as disclosed in the audit.”

The COA report showed that Uy had drawn several cash advances, in succession, from February 13, 2003 up to January 22, 2008. The COA said that the cash advances were not liquidated nor was there a proper accounting mde prior to the drawing of another cash advance.

Section 4.1.2 of COA Circular No. 97-002 as anchored on Republic Act 7160 stated that “no additional cash advances shall be allowed to any official or employee unless the previous cash advances given to him is first settled or a proper accounting thereof is made.”

Section 4.1.4 stated that “only permanently appointed officials shall be designated as disbursing officers.” Thus Punay and Nanong, who are both casuals, should have never been granted cash advances.

Efforts to get the side of Mayor Uy proved futile as of this writing. People close to the mayor however said that the cases filed by Feliciano are nothing but political harassment.

It was learned that Feliciano and Uy had an earlier tiff over the Community Based Forest Management permit of the businessman. The mayor allegedly prevented Feliciano from developing his CBFM area in Tarragona. BOT





Ocampo refuses to apologize to the AFP over OB list brouhaha
By Ben O. Tesiorna, Reporter

Maintaining his ground that an order of battle list of the Philippine Army’s 10th Infantry Division exists, Bayan Muna Representative Satur Ocampo refused to issue any statement of apology despite a court ruling that branded the lawmaker’s accusation is “empty and hearsay”.

In a text message, Rep. Ocampo said the court’s denial of the writ of amparo filed by three lawyers, who are purportedly in the OB list, “does not mean there was no OB by the 10th ID in 2007.”

He said that no less than the controversial Army general and now partylist representative Jovito Palparan admitted that OB list are a common procedure in any Army division.

“In a hearing at the Commission on Human Rights last month, retired Major General Jovito Palparan, former commander of the Army’s 7th Infantry Division, declared under oath that any operating unit of the Philippine Army can and have their respective OB’s. At least, Palparan was straightforward in admitting so,” Rep. Ocampo said.

The AFP earlier demanded for a public apology from Ocampo over the alleged order of battle list by the Army's 10th Infantry Division that included names of several civilians.

Judge Jose Emmanuel Castillo of the Davao City Regional Trial Court Branch 10 reportedly dismissed the petition filed by lawyers Angela Librado-Trinidad, Carlos Isagani Zarate and Lilibeth Ladaga against Major General Reynaldo Mapagu, chief of the Army's 10th Infantry Division; Colonel Lysander Suerte and Lieutenant Colonel Kurt Decapia, General Mapagu’s chief of staff and public information officer, respectively; Colonel Oscar Lactao, Task Force Davao commanding officer; and Davao City Police Chief, Senior Superintendent Ramon Apolinario.

Judge Castillo denied the petition of the complainants because the latter failed to prove, by substantial evidence, that their perceived threat to life, liberty and security is attributable to the unlawful act or omission of the respondents.

The petition stemmed from the alleged "Order of Battle" which Representative Ocampo claimed he received from a "conscientious soldier."

The military respondents vehemently denied authorship of the purported "OB List," saying it does not bear the distinctive marks and security classifications that military documents normally contain.

In ruling against the petition, the court considers the statement of Ocampo as "empty" and "hearsay" considering that he has no direct or personal knowledge on the authenticity of the subject "OB List."

For unknown reason, Ocampo did not personally testify to affirm what he stated in his affidavit and he also failed to present the "conscientious soldier" who the court says "could have possibly put petitioner's position in a better light."

Based on the evidence presented by the petitioner, the court was unconvinced that the violent deaths of militant members Celso Pojas, Ludenio Monzon and Dr. Rogelio Peñera is in any way related to the alleged "OB". BOT



Rebs raid hotel in Bukidnon
By Ben O. Tesiorna, Reporter

The New People’s Army raided a hotel in Bukidnon and disarmed the family of the owners whom the rebels accused of threatening peasant civilians in the area.

In an emailed statement to Sun.Star Davao, the NPA’s Guerrilla Front 53 Herminio Alfonso Command claimed to have successfully launched two tactical offensives in Kitaotao, Bukidnon on August 17.

“At 9:30 am, Red guerrillas disarmed the Traveler’s Inn and Restaurant along the national highway in Kitaotao owned by the Nietes family. At 2 pm, Red fighters ambushed the reinforcement troops of the Philippine National Police and the 29th Infantry Battalion-AFP using Command Detonated Explosive, at the same area, in Barangay Kipolot,” the NPA said.

“The Nietes family was disarmed as punishment for keeping high-powered firearms they used to threaten peasant civilians,” the rebel group added.
The NPA said the raid was part of their punitive action against the Nietes family for violation of “regulations on business operations inside guerrilla territories”.
One Uzi machine pistol was reportedly confiscated during the raid. BOT



AFP hold policy dialogue workshop on peace
By Ben O. Tesiorna, Reporter

In an effort to reach out to all stakeholders in the pursuit of peace in Mindanao, the Armed Forces of the Philippines has been conducting policy dialogue workshops in several areas in Mindanao.

Their mission is to seek the participation of all sectors in creating a favorable and peaceful policy environment towards transforming conflict and building peace.

In Thursday’s dialogue with the non-government organizations, local government units, foreign groups and peace groups held at the Apo View Hotel, AFP’s Civil Relations Services chief Brig. Gen. Gaudencio Pangilinan their peace dialogues are part of guidance given to them by the their commander-in-chief.

“This is part of how to end conflict thru peaceful resolution. This is also part of the guidance issued by President Gloria Macapagal-Arroyo during our command conference that we should support the peace process, support national development and support the international community effort to solve the conflict,” Pangilinan said.

He said that with the peace policy dialogue workshops, they will soon be coming up with a policy paper on how to support peace in Mindanao and turn conflicts into peace building efforts.

Included in their workshop is on how to deal with the negative reactions by some officials on the Mindanao peace process.

Pangilinan said they are also continually conducting workshops on their soldiers to inculcate peace within their ranks. He said they are also reaching out to the rebel groups like the New People’s Army and the Moro Islamic Liberation Front to seek their participation and cooperation in the AFP’s peacebuilding efforts in Mindanao.

“Because we are the soldiers of all, including those that need greater understanding and tolerance,” Pangilinan said.

The peace dialogue workshop is being spearheaded by the AFP’s Eastern Mindanao Command, the Balay Mindanaw Foundation Inc. with the support of AusAID.

They have already conducted workshops in Cotabato ans will conduct the same activity in Cagayan de Oro after their Davao leg. BOT