CEBU, Philippines – The Office of the Ombudsman has approved the final evaluation report of Anti-Graft Prosecutor Roderick Blazo that criminal and administrative cases be filed against Governor Gwendolyn Garcia, Vice Governor Gregorio Sanchez, Provincial Board Members and others involved in the controversial purchase of the Balili Property in barangay Tinaan, Naga, Cebu.
The cases will, however, only be filed after the formal investigation. The report of Blazo is only recommendatory.
In a report aired over ABS-CBN TV Patrol Visayas, the final evaluation report submitted by graft investigator Blazo, the Ombudsman deemed that the government lost money in the deal worth about P98 million.
The decision to conduct a formal investigation on the matter elates Crisologo Saavedra, one of the staunch critics of Gov. Garcia.
"This is a clear victory of Cebuanos as the sole complainant of the Balili case. This is the best Christmas gift so far. Let's hope for the best," said Saavedra.
In the evaluation of the Office of the Ombudsman they found out that Garcia and other officials violated the Anti Graft and Corrupt Practices Act because it was found out that the government lost in the transaction.
"I don't think it's appropriate to say 'recommends the filing of administrative and criminal cases' as what is correct is that the matter -from a fact-finding inquiry- is elevated into a regular administrative and criminal investigation.
"Administratively, we don't see any case against all elected officials due to the Aguinaldo Doctrine. Criminally this would be the first opportunity that public officials concerned will be given the opportunity to present their side.
"After due proceedings we remain confident that no case will be recommended for filing against the governor," said Capitol spokesman Rory Jon Sepulveda.
On the other hand other criminal charges recommended against Board Member Juan Bolo and other people involved in the transaction.
Meanwhile, another criminal case was recommended against Garcia and Sanchez and other officials of the Province of Cebu with regards to the haste in the approval of the resolution of buying the said lot that has most of the area underwater.
Garcia and Sanchez would, however, be exempted from the administrative aspect of the case if the investigator will find probable cause to file to the charges in court due to the Aguinaldo Doctrine.
They would, however, have to face the criminal complaints if there would be any.
The Office of the Ombudsman-Visayas however, stated that those officials, who are not anymore in office, are still liable to face the charges.
Bolo said that Garcia should be included in the criminal complaints in relation of the purchase of the property.
He said that he should not be singled out as he was only following Garcia's orders.
He added that the purchase of the property was consummated because of the "collective effort" of Capitol officials and agencies.
Bolo said Garcia, the Cebu Provincial Appraisal Committee (CPAC) and the entire PB, including the Vice Gov. Sanchez should also be included for further investigation. ? With Gregg M. Rubio/NLQ (FREEMAN)