BY CHRYSEE G. SAMILLANO
The Office of the Ombudsman in the Visayas dismissed the criminal and administrative complaints against former Bacolod mayor Monico Puentevella and three former members of the Bids and Awards Committee (BAC) filed in 2017 by former executive assistant Sammy Montoyo for alleged irregularities in the procurement of a 61-seater bus.
The Ombudsman also dismissed the criminal case for violation of R.A. 3019 or the Anti-Graft and Corrupt Practices Act, for lack of probable cause, and the administrative case for misconduct due to lack of substantial evidence, which were filed by Montoyo against Jerome Solinap, retired General Services Office head and former BAC chairman; former assistant City Engineer Josephus Cerna and maintenance foreman Harry James Magbanua.
Puentevella said this is the eighth and final case filed against him by his political opponents dismissed by the Ombudsman.
In its joint resolution dated Nov. 23, 2018 and approved on Dec. 2,2021, the Ombudsman said “there is no evidence that respondents committed the very acts complained of. The Land Transportation Office (LTO) certification upon which the complainant anchored this case merely certified that the bus, not its engine, was a 1994 model.”
On the other hand, respondents were able to show certifications showing that the engine of the bus was indeed brand new based on the standards set by the LTO of Bacolod City. There is no evidence on record showing that the engine is a 1994 model or was not brand new (as alleged by the complainant), it said.
“Considering that there is no evidence that respondents committed the very acts complained of, respondents cannot be said to have committed any transgression or unlawful behavior in this case. Hence, no substantial evidence exists to find respondents administratively liable for misconduct,” the Ombudsman said.
“In sum, the Office finds no probable cause to indict respondents for violation of Section 3(e) and (j) of R.A. No. 3019. The Office also finds no substantial evidence to show that respondents committed misconduct,” it said in its joint resolution penned by Graft Investigation and Prosecution Officer ll Carl Vincent Sasuman and reviewed by Preliminary Investigation, Administrative Adjudication and Prosecution Bureau director Euphemia Bacalso and assistant Ombudsman Carla Juris Narvios-Tanco.
Meanwhile, Montoyo said he has not yet received any order dismissing the case. He will avail of all legal remedies available once he receives a copy.
Puentevella, on the other hand, said these cases were used against him as political propaganda. So, his legal counsel will study the legal options they could possibly file against Montoyo.*
