THE Supreme Court (SC) has affirmed a resolution issued by the Ombudsman finding probable cause to hale into court a former assistant secretary of the Department of Transportation and Communications for violation of the antigraft law in connection with the anomalous transaction involving the multimillion-peso Ninoy Aquino International Airport-International Passenger Terminal III (Naia-IPT III) project. 

In a 13-page decision penned by Associate Justice Conchita Carpio Morales, the SC en banc dismissed the petition filed by Wilfredo Trinidad, former transportation assistant secretary and member of the prequalifications, bids and awards committee for Naia-IPT III project seeking to stop the Ombudsman from pursuing the case against him.

The Ombudsman has charged Trinidad before the Sandiganbayan with violation of Section (3) of Republic Act 3019, or the Antigraft and Corrupt Practices Act, for his part in awarding the contract to put up the controversial Naia 3 project to Paircargo Consortium, (later incorporated into Philippine International Air Terminals Co. Inc.,  or Piatco) despite its failure to meet the minimum amount of equity to the project, that is P2.75 billion.

The Ombudsman cited the ruling of the SC in the Agan case, where it noted that the total net worth of Paircargo Consortium is only P558.3 million.

The SC turned down Trinidad’s argument that the Ombudsman is already barred under the principle of res judicata from relitigating the case considering that it had twice found no sufficient basis to indict him in similar cases earlier filed against him.

It explained that “the dismissal of a case during preliminary investigation [by the Ombudsman] does not constitute double jeopardy since preliminary investigation is not a part of the trial.”

The Court noted that res judicata is a doctrine of civil law and this has no bearing on criminal proceedings. Res judicata is a doctrine which precludes parties from relitigating issues actually litigated and determined by a prior and final judgment.

“The Ombudsman is not precluded from ordering another review of a complaint, for he or she may revoke, repeal or abrogate the acts or previous rulings of a predecessor in office,” the SC pointed out.
The court pointed out that the Ombudsman is vested with the sole power to investigate and prosecute any person or any act of any public officer or employee when such act appears to be illegal, unjust, improper or inefficient.

“In the absence of grave abuse of discretion the Court has generally adopted a policy of noninterference with the Ombudsman’s exercise of its investigatory and prosecutory powers, not only out of respect or these constitutionally mandated powers but also upon considerations of practicality owing to the myriad functions of the courts. A review of the records of the case does not yield any compelling reasons to deviate from this policy,” the SC said.
The case against Trinidad and several others was filed by Asia’s Emerging Dragon Corp., the original proponent of the project.

The SC did not give credence to the claim of Trinidad that he was not given enough opportunity by the Ombudsman to counter the charges against him.

“Petitioner’s argument that he was deprived of due process does not lie, too. The records show that the amplest opportunity was afforded him to controvert the prima facie finding against him and to move for a reconsideration thereof,” the SC added.

Indons deport anti-incinerator activists

THE Filipino activist who was arrested along with two foreign nationals for publicly speaking against the adverse effect of incinerators to human health and the environment in Bandung, Indonesia, on Thursday assailed Indonesian authorities for arresting and later deporting her and her companions.

THE Catholic Bishops’ Conference of the Philippines (CBCP) assailed on Thursday Malacańang’s decision to commute the jail sentence of convicted rapist Romeo Jalosjos, a former congressman.

THE Supreme Court (SC) has affirmed a resolution issued by the Ombudsman finding probable cause to hale into court a former assistant secretary of the Department of Transportation and Communications for violation of the antigraft law in connection with the anomalous transaction involving the multimillion-peso Ninoy Aquino International Airport-International Passenger Terminal III (Naia-IPT III) project. 

THE Solicitor General on Thursday asked the Supreme Court (SC) to junk the petition filed by Sen. Antonio Trillanes IV asking that he be allowed to discharge his duties as elected senator.

A NONGOVERNMENT organization has expressed alarm over the proposed ocean fertilization project at the Sulu Sea, saying that such large-scale operation is unjustified for a mere experiment that aims to test a new technology.

THE Sandiganbayan has ordered the trial of the criminal charges filed against eight Navy officers and a trader over the allegedly anomalous purchases of medical supplies from October 1990 to July 1992.