This is a case of a plunder, dismissed in 2001, but get to be resurrected in 2012. Cause of action: One of the complainants only learned of its dismissal last week. Thus argued topnotch lawyer Victor de la Serna, one of the lawyer-complainants of the plunder case filed against former governor Rene Relampagos now first district congressman. Relampagos and then vice governor Edgar Chatto and 14 respondents including all members of the Sangguniang Panlalawigan from 1998 to 2001 who were indicted for plunder by the five lawyers. The plunder case which was filed by de la Serna and five other lawyers including the principal complainant lawyer Zotico Ochavillo arose from the sale of the Provincial Public Utilities (PPUD) to a private consortium identified as the Salcon Group.

In six-page resolution approved by then Ombudsman Merceditas Gutierrez, the anti-graft body found Relampagos and company not liable for the sale of the twin public utilities to a private entity for lack of merit. Although the case was dismissed 11 years ago, de la Serna found reason to resurrect the same citing his alleged failure to receive a copy of the resolution. Eleven years since knowing the case was thrown out, the topnotch lawyer saw an opening to reopen it by filing a motion for reconsideration. It was the top-rated radio program “Cuentas Claras” that revived the interest of de la Serna to reopen the case. The radio program got the courtesy of lawyer Inocentes Lopez, the provincial legal officer at the time the sale was made to furnish the dismissal copy. Lopez was also indicted as one of the respondents of the case.

De la Serna’s update of the case was that the administrative aspect was dismissed sometime in 2005 but as to the criminal complaint there was no dismissal according to his recollection. Lopez volunteered the information that the case was long dismissed since 11 years ago. According to de la Serna, failure to receive a copy of the dismissed resolution was a ground to reopen the case. The lawyers contention in filing the case was the alleged undervaluation in the sale of the utilities to the disadvantage of the provincial government, their owner. They contended that the sale of the twin utilities to the tune of P155 million was undervalued as against the appraisal of P1.48 billion.

In dismissing the case however, the graft investigators said even putting aside the issue anent the liability of respondents for the conceived loss due to the unrealized purchase price of P1.48 billion, complainants need not be too anxious in as much as the matter of the contract of sale between the Province of bohol and Salcon power Corp. is presently the subject of a case of the Court of Appeals (the case with the CA had since been dismissed too). As to the impressive value complainants have claimed on the subject utilities, the anti-graft investigators said potential earnings as to the present time was only a mere projection. According to the Ombudsman, there can be no undervaluation to speak of as in fact it would be quite propitious for the province to be able to dispose of the utilities at the cost of the Salcon consortia offered to pay despite their negative worth.