Now that election preparation season is up-and-coming, the dead shall rise again – and political attack dogs would again bark at the wrong tree. This was how former and incumbent provincial officials have reacted to the latest black propaganda employed by their political enemies in the run-up to the 2016 elections. And as usual, according to the officials being targeted by the torpedoes of Salcon joint-venture agreement, it's all a recycled issue. In fact, the officials have claimed, the Ombudsman reversal of its own long dismissal of the joint venture (JV) case, a dead issue revived in each election, without a motion for reconsideration has spewed fear of a highly scandalous, dangerous precedent. Easily, the surprising new ruling has spawned tremendous suspicion of a greasy handiwork of a gang of few but extremely frustrated political detractors. One of the movers of the joint venture said even lawyer Victor de la Serna, a staunch project critic and one of the complainants, must have himself been surprised by the twist. But the former OIC governor must have to “ride on” it in his “patent ego-tripping,” the source said.

The Ombudsman's own order of dismissal in 2008 had long attained finality since no motion to reconsider and reverse the same had been filed within the period prescribed by law, Provincial Legal Officer John Mitchel Boiser asserted. Rep. Rene Relampagos, in whose term as then governor the water and power JV between the province and private investor Salcon was sealed, was himself stunned upon knowing that there was no reconsideration motion but yet the dismissal was suddenly trashed out. The congressman had his Manila office chief of staff Jessica Schuck, herself a lawyer, checked with the records section of the Ombudsman and yielded negative for any such motion filed since the case was junked six years ago. Relampagos' lawyer staff inquired on the records of the case since it was first filed 15 years ago until its dismissal in 2008 and the records from the dismissal to the new decision to know the basis, if there was any, for the reversal. The Ombudsman records officer and staff were even “surprised,” Relampagos said, because they, too, believed the case was long closed on account of its dismissal “for lack of merit” as approved by then Acting Ombudsman Orlando Casimiro.

In the absence of rules and due process, the reversal of the dismissal could create a “big scandal and causing a dangerous precedent,” Relampagos blasted. Because of the joint venture which has since solved the water and power inefficiencies particularly in Tagbilaran City, Relampagos and Chatto, as then governor and vice governor, respectively, were then charged with alleged graft and corruption. Their co-respondents included a number of Sangguniang Panlalawigan (SP) members at that time, namely Concepcion Lim, Tomas Abapo, Jr., Arnold Lungay, Felix Uy, Isabelito Tongco, Eufrasio Mascariñas, Exequiel Madriñan, Francisco Alesna, Sr., Severino Caberte, Renato Lim and Lemuel Digal. Lim (Concepcion) is now the SP presiding officer being the incumbent vice governor while Abapo is again serving the provincial board after his successful comeback via the 2013 election. His first full three terms, a total of nine years, had earlier expired. Other accused were former Provincial Attorney Inocentes Lopez, Provincial Planning and Development Officer Juanito Cambangay and Salcon president Dennis Villareal.

The “amazing twist” to the otherwise judicially settled issue was known when the Ombudsman, in a resolution approved by Ombudsman Conchita Carpio Morales on August 22 this year, indicted all the above and recommended the filing of graft charges against them. Chatto is still in the global tourism fair in Cambodia, but Relampagos and Boiser on Friday joined Provincial Administrator Alfonso Damalerio II and made “stunning revelations and clarifications” during the governor's regular live broadcast forum with the media, the Kita ug Ang Gobernador. The congressman and provincial legal officer further revealed that there was also no appeal to the dismissal filed with the Court of Appeals (CA). A separate civil case was then filed with a regular court but junked and then appealed with the CA but met the same fate. Both the criminal and civil cases were filed by a small group of lawyers and self-proclaimed “concerned” Tagbilaranons, who included De la Serna. A number of those to be charged based on the new Ombudsman resolution have long been dead like Cambangay, Alesna, Caberte, Lim (Renato) and Digal. Still, Relampagos said they would definitely question the “eyebrows-raising” dismissal reversal and have it reconsidered. Boiser added, “We do file a motion for reconsideration as we do observe rules and due process.”

Abapo said they have until tomorrow, Monday, to submit their counter legal moves. They were supposed to file their motion until the fifth day since receipt of the resolution, but it fell on a Saturday which was yesterday and a non-office day. Also over the week, De la Serna revived one of his otherwise smashing blunders and wrong interpretations of issues surrounding the joint venture---that the province was grossly disadvantaged because the then PPUD (Provincial Public Utilities Department) was allegedly undervalued in the deal. He again falsely claimed that the old utilities were sold at only P150 million when it was supposedly worth P1.4 billion. The province received over P200 million, although Relampagos could not readily quote the exact amount, while the P1.4 billion was just then a projection---a potential asset---assuming that the joint venture partners would infuse additional funds to pay off the debts and acquire additional assets. “There can be no undervaluation to speak of” since the P1.4 billion was yet an “impressive value the subject utilities have the potential to achieve,” the new Ombudsman resolution even said.

BRIEF HISTORYOF THE CASE

As early as February 22, 2001, the Ombudsman-Visayas already recommended the case to be dismissed in its resolution penned by Graft Investigation Officer II Sarah Jo Vergara, reviewed by Graft Investigation Officer III Virginia Palanca Santiago and, on March 21 of the same year, recommended by Deputy Ombudsman for the Visayas Primo Miro for final approval by the higher Ombudsman, who was then AnianoDesierto. The recommendation had been “frozen” from Desierto to also then Ombudsman Merceditas Gutierrez until then Acting Ombudsman Orlando Casimiro approved it but only on July 2008. To reverse the dismissal, on August 5, 2013 or five years later, the Ombudsman recommended, in a resolution submitted by Assistant Special Prosecutor III Fay Isaguirre-Singson, the indictment and charging of Relampagos, Chatto, et al. Deputy Special Prosecutor John Turalba recommended approval of Singson's resolution. Relampagos noted that the “subordinates” to the Ombudsman “would want” the dismissal of the case, which was otherwise approved by their superior, instead reversed. As there was no motion to reverse the dismissal, there was neither order to review the said decision. A year after or on August 22, 2014, the Ombudsman, who was already Morales, approved the resolution.

However, Relampagos and Boiser reiterated that no motion for reconsideration had ever been filed since the dismissal ruling in 2008 until August 22, 2014. Therefore, the provincial legal officer asserted, the dismissal order had long attained finality before the “shocking” resolution scrapping the dismissal. The resolution mentioned that one “factor for necessitating such reversal” was an “urgent supplemental motion to admit attached additional evidence,” but which was dated as early as April 3, 2001, filed by one Atty. Amado Caballero. Caballero was named in the resolution as a “collaborating counsel for the complainants,” who obviously refer to De la Serna and company, although Relampagos tagged him as only used by a known political patron then. Relampagos was defeated in his 2001 reelection for governor by the late Gov. Erico Aumentado, who was a last-termer congressman during the poll. He recalled having lost in Tagbilaran City by over 11,000 votes. The city has greatly benefited from the joint venture project and in the next election in 2004, Relampagos avenged his loss by defeating Aumentado in surprisingly more than a total reversal of their votes during their first match. Provincewide, Relampagos still lost, though. It was only in 2008, which was in the last term of Aumentado as governor, that the Ombudsman-Visayas recommendation in 2001 to dismiss the case was finally approved. On the urgent motion to admit additional evidence, Boiser said complainants could file a motion for reconsideration using that as a ground within the allowed period but they did not. Therefore, pursuant to the Ombudsman rules of procedures, the dismissal order had long attained finality, the provincial legal officer reiterated.

TAGBILARANIS FORTUNATE

Boholanos could hardly describe Tagbilaran today if water service in the capital and lone city of the province were not upgraded and improved more than dramatically. According to the business sector, an incomparably better waterworks system and service is no different to a reliable energy supply most always sought and demanded by investors. The improvement of water and power facilities has been fast and significant since the transformation PPUD into the Bohol Water Utilities Inc. (BWUI) and Bohol Light Company Inc.(BLCI), the twin companies of the joint venture. Tagbilaran is the gateway to Bohol and center of commerce, government and education, explaining for how the condition of its facilities could itself showcase the direction of the province. After decades of discomfort and complaints, the over 7,000 connections then served by the antiquated and poorly-servicing system have now almost doubled because of the efficient BWUI. The JV utility has now nearly 13,000 connections enjoying 24 hours of water, except in some remote areas of expansion in response to the clamor of additional consumers. Hotels, resorts, restaurants, spa and wellness centers, travel inns and other establishments that require sufficient water have sprouted, accelerating tourism and other industries that provide more livelihood.

Boholanos, notably Tagbilaranons, have proved unto themselves that the upgrading and continuous improvement of leading basic services like water facility could rely on the political will of the leaders of the government. Boholanos who are aggressive in their vision regardless of political risk, Relampagos and Chatto, as then governor and vice governor, respectively, conceived and executed the grand plan solving the perennial water problem in the city, with services now also benefiting nearby localities. Their strategy of progress was supported by the provincial board, LGUs, local leagues and private sector forces of economy. But the contribution of the joint venture to economic acceleration, development and growth of the city and province---and its having satisfied the daily necessity of the people at present and in the future---are a fact and an experience that critics seem will always find time to discredit during elections. The water and power joint venture in Bohol has been acclaimed by both government and private governance rating institutions as a local best practice and a model public private partnership (PPP) in the country. As a joint venture partner, the province still owns the water and power utilities without wasting so much millions in subsidies as in the past operation of the PPUD while earning dividends. Relampagos posed this critical question: With all these advantages, have Tagbilaranons been discontent of the joint venture services? The joint venture services and their consequent goods to the community have been enjoyed by project critics, too. (VenreboArigo)