Ombudsman decision on NGC controversy out Sept. 30
BACOLOD CITY — City Legal Officer Atty. Joselito Bayatan confirmed recently that the Office of the Ombudsman-Visayas is currently evaluating all issues raised relative to the special audit conducted by the Commission on Audit on the construction of the New Government Center before issuing a decision on September 30, 2009.
Bayatan along with Assistant City Legal Officer Vicente Petierre and private counsel Atty. Rodney Rubica who represented their clients Mayor Leonardia and some other Sangguniang Panlungsod Members, raised the issue of “adjudication and authority” by the Ombudsman on hearing the findings of the Audit Observation Memorandum (AOM) report. They contend that the AOM is not yet conclusive and final because this matter will also be raised to the COA Legal Department or even be raised before the Supreme Court.
Bayatan hurled accusation against complainant Mr. Victor Eduardo for forum shopping when they filed a supplementary affidavit before the Ombudsman giving weight to the special audit report as a basis. The special audit report emphasized that the construction of the New Government Center was within a “reasonable cost” and the city government did not violate this report.
Bayatan further stressed that the issue on the COA report creates confusion over the Ombudsman’s authority to hear and decide cases. Earlier, the COA said that the cost of the NGC is reasonable and other reports say that the Bids and awards Committee modified the eligibility requirements and declared Hillmarc’s Construction as a sole and exclusive bidder.
Bayatan also questioned the honesty and sincerity of the complainants when they forwarded the COA report to the Ombudsman which for him is a separate entity. “We cannot raise the issue of the COA audit report to the Ombudsman since this is a separate agency,” Bayatan said. He disclosed that when this matter was put together, the complainants created an impression that the project is somewhat irregular.
“The Audit Observation Memorandum could not be violated by any entity because this matter may either be raised to the COA Legal Office or to the Supreme Court,” Bayatan added.
On the other hand, SP Member Al Victor Espino, who attended the clarificatory hearing, said that the Ombudsman had not yet resolved or issued any suspension order against any respondent to this case. He reacted on the statement of Atty. Archie Baribar, Eduardo’s lawyer, who said that the hearing will be centered on the suspension of the Local Chief Executive and other SP Members. He heard Baribar saying this in his radio interview that the suspension will be issued by the Office of the Ombudsman-Visayas. Espino said that this case will be resolved by the Ombudsman on September 30, 2009.