Plunder Charge vs. Vicente Dongkoy Emano, et. al. Part 8

June 5, 2008

THAT as a result of this pattern of overt or criminal acts the City Government of Cagayan de Oro, as per COA Annual Audit Report 2006 revealed, has paid from its General Funds the Excess from the Actual Collections to make sure that the 80% expected gross monthly income is met during the past two years of its operations. This include P9,474,394.31 for the BOT contract covering the Carmen Public Market for January 2005 to November 2006 (See Annex Y-3) and P29,121,605.26 for the BOT contract covering the Cogon Public Market for July 2005 to November 2006 (See Annex Y-4) or a total of P38,595,999.57 or a total of P40 million for the past 2 years of operation.

77. THAT as a result of this pattern of overt or criminal acts the City Government of Cagayan de Oro is now forced to allocate what it calls “Contractual Obligation and Sharing of Revenue” amounting to P59,737,000.00 or a huge P60 million in the 2008 Budget (See Annex Q1);

78. THAT we are executing this joint complaint-affidavit to attest to all the above facts, and for the proper filing of a case for Conspiracy to Commit Series of Acts Constituting a Violation of Republic Act 7080 or the Anti-Plunder Law against all respondents.

Prayer

79. THAT though this is a mere affidavit-complaint we still would like to manifest our prayer that this good office of the Ombudsman, the guardians against corruption, order an immediate preventive suspension against all respondents who are still holding office to safeguard the integrity of the documents and to make sure that witnesses are duly protected;

80. THAT all respondents be found guilty of Violation of Republic Act 7080 or the Anti-Plunder Law;

81. THAT pursuant to the above law that provides a forfeiture clause for all ill-gotten wealth of those found to be guilty of violating the same, we pray that the BOT contracts entered into patently to plunder the coffers of the City Government in the next 20-25 years for both the Cogon Public Market and the Carmen Public Market be IMMEDIATELY RESCINDED and the stall rental rates for the poor public market vendors be returned to a reasonable and lesser price as when there was still no BOT contract for both;

82. THAT all the unexplained wealth obtained by all respondents including UKC Builders, Inc., from heavy equipment to other office equipment , found at Tablon this City be forfeited in favor of the City Government of Cagayan de Oro for entering in bad faith over and over with contracts that placed the City Government of Cagayan de Oro in great disadvantage.

83. THAT to prevent more grave and irreparable injury to the City Government of Cagayan de Oro and to the thousand of Carmen and Cogon Public market vendors and their families, the BOT contracts for Carmen and Cogon Public Markets that have been amended yet still found to be gravely disadvantageous to the City Government’s coffers by the COA in their Annual Audit Report 2006 be SUSPENDED UPON FINDING OF PROBABLE CAUSE;

84. THAT for this great and noble Office of the Ombudsman-Mindanao, the guardian against corruption, grant all other reliefs appropriate to protect the coffers of the City Government of Cagayan de Oro and the small pockets of the thousands of Carmen and Cogon market vendors and their families;

IN TRUTH WHEREOF, we have hereunto signed our names below, this ___ day of December 2007 at Cagayan de Oro City.

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Written by admin · Filed Under Letter-to-Legislators