Ombudsman orders guv, 3 other Capitol execs to explain graft raps

By Florence F. Hibionada

The Ombudsman for the Visayas has ordered Iloilo Governor Niel Tupas and three other top Capitol executives to explain its side on the criminal and administrative charges filed by the People's Graftwatch of Iloilo.

The reply period began Tuesday and ends Friday the 13 th with the Director of the anti-graft body stating, “motion to dismiss, motion for bill particulars and similar dilatory motions are prohibited pleadings and shall be stricken off the record of the case.”

This, The News Today learned from Capitol insiders who added that said Ombudsman order has now been delegated to Provincial Legal Officer chief, lawyer Salvador Cabaluna.  Same sources clarified though, Cabaluna has yet to secure the respective sides of the respondent-Capitol officials.

Docketed as OMB-V-C-05-0135-D and OMB-V-A-05-0138-D, charges of malversation of public funds, usurpation of official function and violation of sec.3 (b) RA 3019 or the Anti-Graft and Corrupt Practices Act were lodged against the governor, Board Member Cecilia Capadosa, Budget Officer Elena Lim and Executive Assistant II Levy Buenavista.

Sec. 3 (b) of RA 3019 states, “directly or indirectly requesting or receiving any gift, present, share, percentage or benefit for himself or for any other person in connection with any contract or transaction between the Government and any other party wherein the public officer in his official capacity has to intervene under the law.”

Same Ombudsman order further states that it has found enough basis to proceed with the criminal and administrative cases as filed by the People's Graftwatch.

“Strictly within ten days,” the order likewise said.  “Failure to comply as hereby directed within the period prescribed by the rules shall be deemed as waiver of the right to present the party's counter-affidavit or reply-affidavit and the investigation shall proceed according to the existing rules.”

The Ombudsman order was signed by Director Edgardo Canton in behalf of Primo Miro, Deputy Ombudsman for the Visayas.