Olongapo mayor seeks dismissal of graft charge
Published Jun 4, 2019 04:40 pm
By Czarina Nicole Ong-Ki
Olongapo City Mayor Rolen Calixto Paulino of Zambales is asking the Sandiganbayan Seventh Division to dismiss the graft charge against him in relation to the reportedly anomalous lease and development of the Olongapo City Civic Center.
Sandiganbayan (MANILA BULLETIN)
He had been slapped with a violation of Section 3(e) of R.A. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, alongside several city officials.
From October 2014 up to the first quarter of 2015, Paulino and his co-accused reportedly took advantage of their positions, and acted with manifest partiality and evident bad faith when they fast-tracked the award for the lease and development of the Olongapo City Civic Center Contract to SM Prime Holdings Inc. (SMPHI).
Paulino filed his motion to quash before the anti-graft court on May 27, arguing that the facts charged in the Information did not constitute an offense. He said that the provisions of the Build-Operate-Transfer (BOT) law did not apply in this case.
"The Information is silent as to why it presupposes that the lease agreement is covered by the BOT law considering that this law only covers specific contractual agreements which do not include a straight lease agreement," the motion stated.
Paulino further stressed that the BOT law provisions did not include a "simple lease contract."
The mayor also argued that there was no undue injury caused to the government, since the city still owns the subject parcel of land. SMPHI was only leasing the land for 25 years, and it was renewable for another 25 years.
Further, other possible bidders were given a chance to communicate their intent to top the terms of the lease agreement.
Paulino added that he could not be faulted for simply relying on the recommendation made by the special bids and awards committee (SBAC) to lease the property.
"Mr. Paulino, as the chief local executive of Olongapo city, cannot be expected to personally examine every single detail, painstakingly trace every loop from inception, and investigate every person involved in the transaction before offering his signature," his motion read.
Paulino was charged with graft alongside 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 were 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.
Sandiganbayan (MANILA BULLETIN)
He had been slapped with a violation of Section 3(e) of R.A. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, alongside several city officials.
From October 2014 up to the first quarter of 2015, Paulino and his co-accused reportedly took advantage of their positions, and acted with manifest partiality and evident bad faith when they fast-tracked the award for the lease and development of the Olongapo City Civic Center Contract to SM Prime Holdings Inc. (SMPHI).
Paulino filed his motion to quash before the anti-graft court on May 27, arguing that the facts charged in the Information did not constitute an offense. He said that the provisions of the Build-Operate-Transfer (BOT) law did not apply in this case.
"The Information is silent as to why it presupposes that the lease agreement is covered by the BOT law considering that this law only covers specific contractual agreements which do not include a straight lease agreement," the motion stated.
Paulino further stressed that the BOT law provisions did not include a "simple lease contract."
The mayor also argued that there was no undue injury caused to the government, since the city still owns the subject parcel of land. SMPHI was only leasing the land for 25 years, and it was renewable for another 25 years.
Further, other possible bidders were given a chance to communicate their intent to top the terms of the lease agreement.
Paulino added that he could not be faulted for simply relying on the recommendation made by the special bids and awards committee (SBAC) to lease the property.
"Mr. Paulino, as the chief local executive of Olongapo city, cannot be expected to personally examine every single detail, painstakingly trace every loop from inception, and investigate every person involved in the transaction before offering his signature," his motion read.
Paulino was charged with graft alongside 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 were 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.