OLONGAPO CITY--Anti-graft court Sandiganbayan has stood pat on its decision to dismiss the graft case filed against former Olongapo City Mayor Rolen Paulino and other local officials regarding the alleged irregular lease and development contract with a giant mall developer for the Olongapo City Civic Center.
In 16-page resolution recently released by the Sandiganbayan Seventh Division, it said it affirmed its previous decision to grant Paulino’s motion to quash the graft charges after he argued that the provisions of the Build-Operate-Transfer (BOT) law are not applicable to case.
Paulino, in his motion, said the city governmwent's agreement with the SM Prime Holdings Inc. (SMPHI) was “simple lease contract” that is not part of the BOT law.
The former mayor and virtually the rest of Olongapo City’s top government officials were ordered suspended last year by the Office of Ombudsman for the same charges.
The Ombudsman said Paulino and the city officials were guilty of simple misconduct for violating bidding procedures when they awarded the Olongapo City Civic Center, also known as the KBG Complex, to a mall developer.
But the Sandiganbayan's decision, penned by Chairperson Ma. Theresa Dolores Gomez-Estoesta with the concurrence of Associate Justices Zaldy Trespeses and Georgina Hidalgo, said the city officials did not violate the anti-graft and BOT laws as alleged by complainant by Rodalyn Guinto Hanif and the prosecution.
Paulino’s co-accused included Vice Mayor Aquilino Cortez Jr. as well as Councilors Elena Calma Dabu, Benjamin Cajudo II, Eduardo Guerrero, Noel Atienza, Alruela Bundang-Ortiz, Edna Elane, Emerito Bacay, Randy Sionzon, and Egmidio Gonzales Jr.
Also included in the charge sheet are Tony-Kar Balde III of the City Planning and Development Office, Cristiflor Buduhan from the Office of the City Accountant, Anna Sison of the Office of the City Legal Officer, Mamerto Malabute of the Office of the City Administrator, Department Head II Joy Cahilig from the Office of the City Budget Officer – all members of the SBAC.
The anti-graft court also assailed the prosecution accusing the Sandiganbayan as acting with grave abuse of discretion.
“For the prosecution to smack this court with grave abuse of discretion in its supplemental motion for reconsideration is no longer within the confines of its review power,” the court added.
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