Jaraula’s Scantel charges can spell trouble for Emano, Padayon dads

April 26, 2008

atty. frederico gapuz LAWYERS LEGALESE. Opposition lawyers Frederico Gapuz (above) and Rogelio Bagabuyo disclosed that Cagayan de Oro City Mayor Constantino Jaraula exposes Vice-Mayor Vicente Emano and other PaDayon Pilipino city councilors to risks of getting slapped with graft charges the moment the mayor files charges against Scantel for the P49 million botched Barangay Telephone System.By Lizanilla J. Amarga

Cagayan de Oro city mayor Constantino Jaraula will be exposing Vice-Mayor Vicente Emano to “risks” of being charged and found guilty of graft and corruption the moment he files charges against a telephone firm for the failed P49 million Barangay Telephone System, opposition lawyers and a lawyer from the Office of the Ombudsman-Mindanao disclosed yesterday.

They explained that the 1987 Constitution and the Ombudsman Act of 1989, as interpreted by the Supreme Court in a series of well-settled cases, provide that the Ombudsman has the power to include or exclude public officers from any graft charge to the Sandiganbayan regardless of whether their names are in the original complaint affidavit or not.

Such a broad power comes under the provision on how the Ombudsman is tasked as the “tanodbayan or watchman of the people” and that it can even investigate and file graft information against any public official on its own or moto propio among others for violation of Republic Act 3019 or the Anti-Graft and Corruption Act, they said.

A lawyer from the Office of the Ombudsman who requested anonymity said whether Jaraula will include Emano or any other public official as respondents in the orginal complaint against Supplies Contractor and Network Telecommunications Inc. (Scantel) it does not matter so much.

“The moment your mayor files the complaint affidavit, the Ombudsman is now tasked to conduct an investigation of your missing public funds and all the public officers involved named or not (in the original complaint) are at risk of being charged with graft,” the text message from the source reads.

But she added that it would be better to just include every person involved in the case “to make it easier on the part of the Ombudsman’s graft investigator.”

Opposition Atty. Frederico Gapuz and Atty. Rogelio Butch Bagabuyo confirmed the veracity of the above source’s words even citing cases wherein the Ombudsman’s graft officers almost completely overhauled an original graft complaint from the names of the respondents to the appropriate crime to be charged.

Both lawyers said Jaraula’s complaint against Scantel will in itself alone open the doors to having PaDayon Pilipino titular head Emano and all other partymate city councilors being placed under investigation, even questioned and eventually included in the information to be filed at the Sandiganbayan.

“This is the reason why Emano did not act on my committee’s findings and recommendations over the P23 million controversy during the administration of them former mayor Pablo Magtajas. Kabalo siya nga basin malakip ang tanan pati na iyang mga kauban (Emano knows it might snowball and include everybody involved including his partymates),” Gapuz said.

Ordinance No. 8751-2003 which authorized Emano to enter into a memorandum of agreement with Scantel as represented by Engr. Edelito Badua was signed approved by city councilors Enteria, Michelle Tagarda, Edgar Cabanlas, Ian Acenas, Reynaldo Advincula, Benjamin Jose Benaldo, Annie Daba, President Elipe, Alfonso Goking, Juan Sia, Ian Mark Nacaya and the deceased Marilou Boyles last May 12, 2003.

Notwithstanding the broad powers of the Ombudsman, both lawyers agree that the decision whether to include Emano and other PaDayon Pilipino leaders in the Scantel charge sheet will all depend hugely on Jaraula’s political ambitions and whether the mayor will seek reelection or not in 2010.

This as they explained that the Jaraula-Emano relationship tends to favor the scenario whereby “Jaraula will do an Emano” by not actually filing charges against Scantel and just wait for the elections by 2010 just as Emano did not file charges against Magtajas and waited for his entire term to end.

“Unless, Jaraula will seek for re-election in 2010. Jaraula knows he has to destroy Emano now as Emano will never play second fiddle or remain as his vice-mayor forever. So my advice to Jaraula is to really file the charges and include Emano,” Gapuz said.

Bagabuyo agreed adding that “Jaraula will not do anything that will destroy or in any way hinder his political ambitions” in the fast drawing 2010 Elections.

He pointed out how the city mayor do not have a prayer against defeating First District Cong. Rolando Uy who is enjoying his first term and will have to contend with Emano wanting a comeback as mayor of the city.

“For if Jaraula does not file the Scantel charges and include Emano and those behind it, we will include Jaraula in our graft charges,” he said adding that this inclusion can have an effect Jaraula’s political ambitions as well in the future.

Bagabuyo explained that should Jaraula push on with the filing of the Scantel charges but refuse to include Emano and those involved in the telephone scam despite how circumstances point to the involvement of Emano and other PaDayon Pilipino city councilors can spell trouble for the mayor.

“This will make him an accomplice after the fact,” he said.

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