Ombudsman Indicts P'sinan Ex-Mayor

 By Mortz C. Ortigoza

BINMALEY, Pangasinan – The former mayor here has been ordered by the Ombudsman to submit his verified position papers on the administrative case filed against him on the double payment of the concrete slab of a public school.

In the Order signed last February 2, 2024 by Ombudsman Director Margie G. Fernandez-Calpatura of the Preliminary Investigation, Administrative Adjudication and Prosecution Bureau - C, former Mayor Simplicio L. Rosario – the present Vice Mayor here – was directly instructed to submit his and his co-accused verified petition position papers on the grave misconduct case with docket No. OMB-L-A SEP-23-0162.

EX-MAYOR Sam Rosario (left photo) and his complainants former Mayor Enzo Cerezo and Leon Castro who sued him with criminal and administrative cases at the Ombudsman on the double payment of the more than P4 million concrete slab constructed in a government building. Photo below is Mayor Pete Merrera who is the political nemesis of incumbent Vice Mayor Rosario.

Rosario co-accused were Municipal Accountant Teggie V. de Guzman, Municipal Treasurer Josephine F. Anchiboy, and acting Municipal Treasurer Leo V. Fernandez.

The complainants were Leon C. Castro, Jr. Douglas R. delos Angeles, Lorenzo M. Cerezo, and Julian Edgar Gregorio Javier.   

Recall that Castro and former Mayor Cerezo were sued by a certain Annie, a supporter of Rosario, with Malversation of Public Properties during the latter mayorship. Both appealed the conviction of the lower court to the Supreme Court in a nine-year tortuous expensive litigation that the high court dismissed with finality.

“…the above –named parties are hereby directed to submit within ten (10) days from receipt hereof in three (3) legible copies addressed to this office through the Case Records, Evaluation, Monitoring and Enforcement Bureau, 3^rd floor office of the Deputy Ombudsman for Luzon, Agham Road, Government Circle, North Triangle, Diliman, 1104 Quezon City, their respective Verified Position Papers on the above-entitled case stating thereof the charges, defenses and claims contained in the respective pleadings filed in the present case,” excerpt of the Order to Rosario, his co-accuse and the complainants.

Director Calpatura included in the Order that in the same position paper the parties may submit such additional relevant affidavits and/or documentary evidence on the case.

“Thereafter, the instant case shall be deemed submitted for decision unless the conduct of further proceedings is considered still necessary by the investigating officer,” the Ombudsman Director added.

The administrative case cropped up after the Commission on Audit (COA) found out that the accused ordered the payment of a concrete slab on the 3^rd floor multi-purpose building of the public central school here despite being paid already by the Department of Public Works & Highway.

In May 9, 2023, this coastal town Mayor Pedro Merrera received a Notice of Disallowance from the Office of the Auditor –Commission on Audit Team No. 4 in San Carlos City, Pangasinan.

“Result of technical inspection revealed that the concrete slab for the third floor was included in the contract but had already been undertaken by the Department of Public Works and Highways 2^nd District Engineering Office, Lingayen Pangasinan as part of the phase– I implementation, thereby, incurring a deficiency of P4, 049, 195.58. Said amount is hereby disallowed in audit. Copy of the technical inspection report is here attached for reference,” excerpt of the eight pages’ letter that determined Rosario and OIC- Municipal Engineer Fernandez as liable for the overpayment.

Merrera was told by the COA to direct Rosario and Fernandez to settle immediately the multi-million pesos’ liability within six months from the receipt of the letter otherwise it becomes final and executory as prescribed under Sections 48 and 51 of Presidential Decree No. 1445 (Government Auditing Code of the Philippines).

“Yes, ang third slab binayaran na ng DPWH bakit nagkaroon pa ng other bidding sa pinaka third portion na excluded na iyong slab, samantala ang istimasyon nila iyong poste, iyong bubong saka iyong mga division sa last floor. Exclude mo na iyong slab nabayaran ng DPWH iyon e. E bakit kailangan pa e estimate pa ng municipal engineer pero utos ng mayor”,” Mayor Pedro A. Merrera told reporters how then Mayor Rosario and Municipal Engineer Fernandez ordered the payment of the municipal fund to contractor Citron’s Builders and Supplies when it constructed the controversial fourth floor of the public edifice.

If found liable, Rosario will be meted by the Ombudsman with a six-month’s preventive suspension as vice mayor according to a lawyer who was privy to the case.

CRIMINAL CASE LOOMS, TOO

One of the complainants said on conditioned of anonymity to Northern Watch Newspaper that they filed four cases at the Ombudsman in July last year against Rosario. One of them was a criminal charge related to the double payment of the P4 million’s slab.

He said that they are still waiting for the Resolution of the case where an affirmative action by the Sandiganbayan (court) would see an issuance of a warrant of arrest against the beleaguered former Mayor.

VM ROSARIO ANSWERS ALLEGATIONS

On the comment section of this blog, Vice Mayor Rosario said to shield the Binmalenians to any deception from the other party he welcomed the probe undertaken by the Ombudsman.

“Para sa kapakanan ng ating bayan at upang mailayo ang taong bayan sa anumang uri ng panlilinglang, malugod kung haharapin ito ng walang takot at pangamba dahil malinis ang aking konsensiya,” he said through his Facebook Page Vice Mayor Simplicio “Sammy” Rosario Municipality of Binmaley.

The former Mayor exhorted his constituents to allow the prosecution body to search for the truth on the cases hurled by Castro, Cerezo, Douglas R. delos Angeles and Julian Edgar Gregorio Javier.

 “Kayo ay aking hinihimok na hayaan nating gawin ng Ombudsman ang kanilang tungkulin na alamin ang katotohanan at maglabas ng tamang desisyon ng naayon sa mga ihahaing mga ebedensiya. Justice will surely prevail!” Rosario added.