Ombudsman: Sandiganbayan ignored evidence vs. Revilla in flood control case

The Sandiganbayan ignored the prosecution's evidence of former senator Ramon "Bong" Revilla Jr.'s alleged involvement in the illegal disbursement of public funds for the "ghost" P92.8-million flood control project in Pandi, Bulacan, the Office of the Ombudsman asserted.

The Ombudsman argued this in its motion for reconsideration on the Sandiganbayan's resolution that granted bail to Revilla, who is facing a malversation case in connection with the Pandi project.

"With all due respect, the now being assailed resolution is tainted with serious error when it failed to consider prosecution evidence showing accused Revilla's active participation in the conspiracy that resulted to the illegal disbursement and diversion of public funds," the Ombudsman's appeal read.

"In the present case, accused Revilla's act of requesting for list of DPWH (Department of Public Works and Highways) projects for funding and demanding a corresponding 'commitment' indubitably demonstrated that he was not only an active participant in the conspiracy, but also a beneficiary in the diversion of public funds, with knowledge that the projects would serve only as vehicles for the disbursement of public funds," the Ombudsman added.

Revilla was freed from detention at the Quezon City Jail Male Dormitory in Payatas on July 31 after posting a P1-million bail.

Speaking on his radio program the next day, Ombudsman Jesus Crispin Remulla said, "We predicted this to happen," adding that, "mukhang natrabaho (seems like someone worked on it)."

The Sandiganbayan Third Division, however, responded Thursday by saying it was guided by law and evidence when Revilla's bail petition was granted.

EXPLAINER: Why Bong Revilla was granted bail in flood control case

In its appeal, the Office of the Ombudsman said its evidence clearly showed that Revilla was the proponent of the flood control project, with state witness Henry Alcantara testifying that the Pandi undertaking was included in the project lists he submitted to another state witness and then-Public Works undersecretary Roberto Bernardo.

The project was eventually was included in the errata of the Department of Public Works and Highways (DPWH) and provided a budget allocation in the General Appropriations Act.

"Engr. Alcantara also testified that accused [Brice] Hernandez [of DPWH Bulacan First District Engineering Office] advanced the commissions being the 'in-house' contractor for the said project. Furthermore, witnesses Bernardo, Vergel Niño Garcia, and Francisco Dela Fuente, Jr. delivered the 'commitment' received from Engrs. Alcantara and [Gerard] Opulencia to accused Revilla," the Ombudsman said.

"What is really involved in this case is the betrayal by accused Revilla and his co-accused of the trust reposed on them as public officers. To enrich themselves at the expense of public service is sheer moral callousness. While it is an evil that cannot be easily discovered, it cannot be hidden nor go unpunished forever," the Ombudsman said.

The Sandiganbayan resolution was penned by Associate Justice Fritz Delos Santos.

Though both Third Division chairperson Associate Justice Karl Miranda and Associate Justice Ronald Moreno signed the resolution, they had separate dissenting and concurring opinions. Moreno concurred in granting the bail application, while Miranda dissented. — VDV, GMA News