The Ombudsman for the Visayas Paul Elmer Clemente has given City officials and other private respondents 10 days to submit their counter-affidavits in relation to the criminal and administrative investigation regarding last year’s Covid meals incident.
Mayor Felipe Antonio Remollo, Councilor Edgar Lentorio, and Assistant City Administrator Dinno T. Depositario were named respondents in the complaint docketed as OMB-V-A-21-0125 for Dishonesty and Grave Misconduct.
Meanwhile, the names of Patrick Henri George and Rosana Remollo Habaña, owner and business partner of Aladdin Restaurant, respectively, were added to the names of the three officials in the complaint, titled OMB-V-C-21-0135 for Violation of Section 3 (h) and (j) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act) as amended, and Violation of Republic Act No. 7160 or the Local Government Code of 1991.
The Order dated September 15, 2021, was prepared by Euphemia B. Bacalso, director of the Preliminary Investigation Administrative Adjudication and Prosecution Bureau-A.
The Order came over one year after the case was filed by then Vice Mayor Alan Gel Cordova and Councilors Agustin Miguel Perdices, Rosel Erames, JoeKen Arbas, and Bernice Elmaco.
The complaint submitted to the Ombudsman alleges that the City officials violated Section 3 (e) and (j) of Republic Act 3019 or the Anti Graft and Corrupt Practices Act by awarding a P12.2 million contract to Aladdin Restaurant for the breakfast, lunch, and dinner of the City’s frontliners in the fight against COVID 19.
The complaint said that in awarding the P12.2 million contract to Aladdin Restaurant which did not have a Mayor’s Permit, the City officials knowingly approved or granted benefits in favor of a person not qualified for, or not legally-entitled to such privilege.
The officials — the Mayor, Lentorio, and Depositario — are also alleged to have “financial or pecuniary interest in the business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by law from having any interest.”
For the administrative aspect, the complainants alleged that the three City officials committed grave misconduct and dishonesty in handpicking Aladdin when it did not have a Mayor’s permit.
The complainants said the public respondents, in conspiracy with one another, used Aladdin as a front or dummy for some personal financial interest.
The complainants alleged there is serious doubt that the Bids and Awards Committee pre-qualified the restaurant Aladdin because according to another food supplier, the choice of food suppliers did not pass through the BAC.
The complaint was made after a series of public hearings conducted by the City Council last year.
After the investigation was completed, seven City Councilors distanced themselves from the complaint filed by the Vice Mayor and four of their colleagues against the Mayor, their fellow Councilor Lentorio, Depositario, Aladdin Restaurant owner Patrick Henri George, and his girlfriend and business partner, Dr. Rosanna Habaña.
The seven Councilors: Karissa Faye Tolentino-Maxino, Michael Bandal, Manuel “Chaco” Sagarbarria, Lilani Ramon, Lei Marie Danielle Tolentino, Dionie Amores, and Manuel Patrimonio refused to sign the verified complaint filed by Vice Mayor Cordova, and Councilors Arbas, Perdices, Erames, and Elmaco.
In a letter signed by the seven Councilors, they said that while they do not condone any wrong-doing committed by any public official nor any irregularity concerning public funds, and holding wrongdoers accountable for their actions, they refused to sign the administrative and criminal complaints because they disagree with the theory of the case.
They said a conspiracy theory is a weak theory, and may result in the dismissal of the case.
They said that while they believe Councilor Lentorio is probably guilty of a crime, there is no evidence to support the theory that Mayor Remollo is in conspiracy with Lentorio.
