Sandiganbayan junks raps vs. Ouano

CEBU, Philippines - Former Mandaue City Mayor Thadeo Z. Ouano feels vindicated as the Second Division of Sandiganbayan reaffirmed the dismissal of his case on the controversial 2007 ASEAN Summit’s decorative lampposts.

“I am vindicated. Wala gyud matulog ang Ginoo. Kining tanan pagbuot gyud ni sa Ginoo. Nalipay kaayo ko,” the former mayor told The Freeman.

Ouano said that because of this case, he was demeaned and called many unpalatable words, but he remained optimistic that in the end the truth shall prevail.

“Mao na ni ron ang kamatuoran. The return of the Jedi,” Ouano said signifying his return to politics after three years of absence.

He is running for the position of Provincial Board Member in the 6th District.

The Sandiganbayan Second Division in its resolution dated March 24 that was received by Ouano yesterday, denied the motion for reconsideration of the Special Prosecutor of the Ombudsman, who asked to reconsider an earlier decision in dismissing the case.  

The Sandiganbayan came out with an order last June of 2009 dismissing the case not just against Ouano, but all the other accused under criminal case number SB08CRM-0271.

  In that 2009 order, the dismissal of the case as to Ouano was with prejudice, which means the case could not be filed again.

  But the dismissal of the case as to the other accused was dismissed without prejudice, which means, they can still be charged in court.

  Other accused in this criminal case are former DPWH regional director Roberto Lala and DPWH officials Gloria Dindin, Marlina Alvizo, Pureza Fernandez, Augustino Hermoso, Luis Galang, Cresencio Bagolor, Buenaventura Pajo and Restituto Diano.

The Ombudsman special prosecutor, who felt aggrieved in the June 2009 order, immediately filed a motion for reconsideration questioning the decision.

  Ouano’s lead counsel, Albert Dennis Añover said that the recent resolution of the Sandiganbayan proved once again that his client was not in any way involved in the controversial and alleged overpriced decorative lampposts.

In the same resolution, the justices of the said division composed of Edilberto Sandoval (acting presiding judge), and justices Teresita Diaz Baldos and Samuel Martires said that “a reading of the records of this case would present circumstances which would indicate that the manner in which the investigation was handled was hasty and injudicious.” 

  The justices added that the difference of the two separate actions filed in their division as to the implication is that, Ouano’s case is dismissed with prejudice while the case accused the other accused is dismissed without prejudice.

“It was admitted by the prosecution that this case has no sufficient evidence to fuel its fire as evidenced by their move to withdraw the information, purposely to better it, or to drop the charges against accused. There certainly is abuse,” the resolution read.

The resolution further stated that for every right there is a corresponding obligation and they see no entitlement for it on the part of the prosecution, wherein in a myriad of cases there should always be no grave abuse of discretion in the exercise of power.

  To recall, the Ombudsman had ordered the preventive suspension of Ouano together with Lapu-Lapu City Mayor Arturo Radaza, nine DPWH officials and eight Mandaue City and Lapu-Lapu City engineers in April 2007 when the lampposts controversy broke out on allegations that the 2,300 lampposts were highly overpriced.

All the accused were indicted for their alleged participation in the preparation of the Program of Works and Estimates.

The POWE, according to the Ombudsman is the basis for the project to obtain funding source and whatever amount indicated in the POWE would be the life-blood for the project to proceed. –/NLQ   (FREEMAN NEWS)