BACOLOD City Mayor Evelio Leonardia and 12 current and former city executives were given 10 days to answer the administrative and criminal complaints filed against them before the Office of the Ombudsman-Visayas in Cebu City.
The order, dated March 21, 2017, was signed by Jane Aguilar, officer-in-charge Evaluation and Investigation Office-B, on behalf of Paul Elmer Clemente, Deputy Ombudsman for Visayas.
Aside from Leonardia, the respondents were Eduardo Ravena, former city accountant; Goldwyn Nifras, former secretary to the mayor; Maphilindao Polvora, head of City Assessor's Office; Josephus Cerna, of Department of Public Services (DPS); Maximo Sillo, head of Environment and Natural Resources Office; Noel Impreso, then member of Task Force Clean and Green Coordinating Action Team; Representative Greg Gasataya, then member of the City Council; Annabelle Badajos, then city treasurer; Ricardo Dahil-Dahil, then officer-in-charge of Management and Audit Services Office; Teresita Guadalupe, then officer-in-charge of City Engineer's Office; Efren Canlas, and Lemuel Reynaldo, also formerly with DPS.
The order stated that the Ombudsman found enough basis to proceed with the criminal and administrative investigations of the violations of Republic Act 3019 Section 3 (e) or Anti-Graft and Corrupt Practices Act, and grave misconduct or conduct prejudicial to the best interest of the service filed against the respondents.
Leonardia and the others were ordered to file their counter-affidavits and other controverting evidence to the complaints filed strictly within 10 days.
They were required to submit proof of service of their counter affidavit or evidence to the complainant, who may file reply-affidavit with an inextendible period of 10 days from receipt of the same.
Failure to comply as directed within the period prescribed by the rules shall be deemed a waiver of the right to present the party's counter-affidavit or reply-affidavit and the investigation shall proceed according to existing rules, said the Ombudsman.
Motion to dismiss or bill of particulars, and dilatory motion including, but not limited to motion for extension of time, second motions for reconsideration or re-investigation are prohibited pleadings, and shall be stricken off the records of the case, the order further stated.
The case stemmed from the complaint filed by a concerned citizen on the alleged irregularity in the purchase of a private lot located in Barangay Felisa, Bacolod City, during the administration of Leonardia. The lot cost P23.8 million and the purchase was made to establish a solid waste disposal facility.
The order stated that the said complaint is based on the Commission on Audit (COA) Annual Audit Report (AAR) of Bacolod for the year 2009.
Based on the executive summary of the AAR and a portion of Part II that detailed findings and recommendations, the price contracted by the City for the purchase of lots to be used for its dumpsite was found to be excessive.
Leonardia said he has not yet received a copy of the order, but he will let his lawyer answer the complaint.
He said several cases have been filed against them and he also knows who filed the cases.
Leonardia added that the purchase of the property is above board and there's no irregularity in the project.
The mayor said he totally disagrees with the findings of the COA that there was overpricing, which they find really illogical.
"This is not just a mere selection of the lot or site, this site has an approval from the Department of Environment and Natural Resources (DENR)," he added.
