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Fresh Plunder Charges vs. Emano Seen

February 1, 2010

By Lizanilla J. Amarga

The National Telecommunications Commission (NTC) decision finding a company that carried out city hall’s controversial telephone project to have violated telecommunication laws could be the basis of a separate criminal complaint or even a plunder charge against Cagayan de Oro city vice-mayor Vicente Emano and his cohorts.

“The decision may be used as evidence to support a case against Emano unless he can satisfactorily explain why his administration hired such a contractor,” said former Cagayan de Oro city mayor Sen. Aquilino “Nene” Pimentel, Jr.

Former PaDayon Pilipino political lieutenant Atty. Frederico Gapuz said the recent NTC decision finding Supplier Contractor and Networking Telecommunications (Scantel) as having violated the law 17 times can be used in three ways.

First, he said it could be used to boost the plunder case already filed against Emano and his co-respondents last December 2008, if the P50 million Telepono sa Barangay project was also included as among the alleged series of illegal acts committed by the latter’s administration.

“If it is not included, then it could be used in the filing of a separate plunder case when combined with other series of acts that when put together would show a pattern of plundering our city government’s coffers,” he said.

Lastly, this lawyer said the NTC decision could be used by the opposition as a basis for the filing of a separate complaint for violations under Republic Act 3019 or the Anti-Graft and Corruption Law.

He pointed out sections in the NTC decision that found SCANTEL to have supplying telecommunication equipment without NTC accreditation and installing of radio / telecommunications equipment without construction permit.

Gapuz said these are basic requirements that any project awarding entity should have checked up on before granting the same to such project proponent.

“Why did the Emano administration then gave such a favor to SCANTEL? Why did it award a multi—million project to a contractor without properly checking whether it has all the required permits. As city mayor then, he should have followed all the laws,” he said.

Gapuz said it is also irrelevant whether or not SCANTEL has already paid the fine of P66,000 demanded by NTC for the 17 counts of violations and has now complied with all the requirements.

“Because this was only done after SCANTEL was already awarded the project,” he said.

In a separate interview with Gold Star Daily, City Planning and Development Office head Estrella Sagaral explained that SCANTEL undertook the Telepono sa Barangay project with all the necessary requirements in 2003.

She said they had already received reports about this NTC decision finding SCANTEL liable last year.

“We were told that they already paid the fine and that they have all complied with the requirements,” she said.

Nevertheless, Sagaral said SCANTEL has yet to turn over the Telepono sa Barangay project to the City Government.

She said that SCANTEL is still trying to comply with some documents required by the Commission on Audit.

“But these are merely technicalities,” she said.

Sagaral, who was also a member of the Public Bidding and Awards Committee (PBAC) that awarded the P50 million project to SCANTEL, said the project is not the same as the barangay telephone networks installed all around some parts of the country by the national government.

“Nakaminus mangani kita niining atoang Telepono sa Barangay kay P50 million ra ang pag-connect sa 17 ka barangay mintras kadtong sa national P50 million na ang pag-connect lang isa lang ka barangay,” she said.

Sagaral said the project also helped pave the way for the City Government to now own around six frequencies that are now worth millions.

“We were even told that selling one of these frequencies would already mean a total profit in the amount more than what the telepono sa barangay costs,” she said in the vernacular.

Sagaral said the telephone project is now working and that the 17 barangays are now interconnected except for three barangays whose telecommunications repeater tower was recently struck by lightning.

She said repairs are now being undertaken by SCANTEL under its president Francis Villapando, Jr. under City Hall’s supervision.

“But the telephone network is working just fine. The people in these barangays are now even enjoying not just telephone interconnection, but also, internet services because of this project,” she said in the vernacular.

Sagaral said they even gave out lecture orientations on these barangays and even government agencies regarding the Barangay Telephone on how to connect with these hinterland barangays using a separate directory.

She said PhilCom has granted the Barangay Telephone system six dedicated landline numbers for any caller to chose from and then would be given a dial tone on which to dial the desired telephone number of that hinterland barangay the caller want to contact.

“Kinahanglan i-orient ang mga government offices nato u gang kadtong naa sa hinterland barangays kay sa una managan man sila kung makadungog ug bagting sa telepono,” she said.

Meanwhile, Atty. Rogelio Bagabuyo for his part said the NTC decision is a welcome development for opposition leaders but would still amount to nothing.

“Sounds good but just like all other sound bites, I’m afraid it will remain all sounds and no fury unless, a tsunami cum earthquake of a Haiti furiousity will drown drown that great pretender and her elks at City Hall,” he said in a text message.

Integrated Bar of the Philippines – Misamis Oriental chapter president Atty. Dale Mordeno for his part said, “Whether the plunder case will prosper is a matter of evidence. It’s up to the complainant to prove his accusation. The scantel issue is just a tree in the forest, so to speak.”

He said Emano’s election bid does not hang on the plunder case.

“The ball is now with the opposition. If they can articulate the issue to the masses, the issue may have an impact versus Emano. But then again we ask: Do the masses care?” he said.

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