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Dismissal of remaining Cebu lamppost scam cases sought


MANILA, Philippines - Defendants in the multi-million-peso lamppost scam in Cebu province have asked the Sandiganbayan to dismiss the remaining cases in the light of the prosecution’s admission that they don’t have sufficient evidence to proceed with the trial. Lapu-Lapu City mayor Arturo Radaza, for one, has moved for either a reinvestigation or dissolution of the case, saying the same grounds cited by the Ombudsman in withdrawing the graft charges pertaining to the said anomaly, should also apply to him. “(A)ccused Radaza believes that there are now sufficient bases for the Honorable Court to grant either a reinvestigation in this case, or a dismissal of the same considering the admission from the Office of the Ombudsman that its evidence in criminal cases filed, this case included, are insufficient,” said defense lawyer Eusebio M. Avila. Radaza is charged before the anti-graft court’s Fifth Division for his involvement in the overpriced decorative lampposts used during the Association of Southeast Asian Nations summit last year. In a memorandum dated October 15, 2008 signed by Ombudsman Merceditas N. Gutierrez and Special Prosecutor Dennis Villa-Ignacio, the prosecution said “it would be very difficult to prove that the said contract entered into by the Government was indeed manifestly and grossly disadvantageous” based on evidence at hand. Prosecutors admitted that they are “apprehensive” over the defendants’ claim that a number of import documents included in the government exhibits were spurious or of doubtful authenticity. Another defendant, Isabelo A. Braza, president of contractor-supplier Fabmik Construction Equipment Supply Company Inc., said that if the import documents obtained by the prosecution from the Bureau of Customs were indeed “falsified,” the Ombudsman’s finding of alleged overpricing will be demolished. “Clearly enough, the Ombudsman is duty-bound to conduct a re-evaluation of the previous determination of probable cause in light of the existence of new and material evidence, as well as lack of the required independent price canvass, which put in issue the validity of the finding of overpricing,” Braza said. Prosecutors have already withdrawn two of six graft cases it filed in April 22. Another case has been remanded due to procedural infirmities. Charged in the cases were former Department of Public Works and Highways-Region VII director Robert Lala, former Mandaue City mayor Thadeo Ouano, Lapu-lapu City mayor Arturo Radaza and 18 others. From DPWH-Region VII, charged along with Lala were former asst. regional director Gloria Dindin, asst. regional director Marlina Alvizo, maintenance division OIC-chief Pureza Fernandez, maintenance div. OIC-asst. chief Cresencio Bagolor, legal officer Agustinito Hermoso, planning and design div. chief Luis Galang, administrative div. chief Restituto Diano and construction div. chief Buenaventura Pajo. Other Mandaue City officials indicted were OIC-city engineer Hidelisa P. Latonio, asst. city engineer Gregorio J. Omo and engineers II Mario S. Gerolaga, Alfredo R. Sanchez Sr. and Rosalina M. Denque. Also charged from Lapu-lapu City government were city engineer Julito Cuizon, asst. city engineer Fernando T. Tagaaan Jr. and engineer IV Rogelio D. Veloso. Aside from Braza, the other contractor named in the case was Gerardo S. Surla, chairman of Gampik Construction and Development, Inc. - GMANews.TV
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