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Balili case may be sent to Manila

First Posted 07:58:00 11/30/2009

THE INVESTIGATION of the Office of the Ombudsman in the Visayas into the Cebu provincial government?s purchase of a beachside lot from the Balili family may be sent to the Ombudsman?s central office for a final decision.

Whatever action the Visayas Ombudsman?s fact-finding investigation would recommend, the final decision would have to be with the central office, said Deputy Ombudsman for the Visayas Pelagio Apostol.

?I will have these brought to Manila, whether the decision is an upgrading (to a preliminary investigation) or a dismissal,? he said, citing the mandate of Ombudsman Merciditas Gutierrez instructing all local offices of the Ombudsman to transfer to the central office all cases involving governors or vice governors.

Apostol cited the same mandate in transferring to the central office the Visayas Ombudsman?s investigation into alleged anomalies in the construction of the Cebu International Convention Center.

Apostol said he had no choice in both matters, since Gov. Gwendolyn Garcia was among the respondents in both cases.

?Who am I to contradict the order?? Apostol asked.

Environment lawyer Benjamin Cabrido, however, criticized Apostol?s plan.

?The Balili investigations are still under fact-finding investigation and should not be transferred to Manila,? said Cabrido.

Gutierrez?s order applies to preliminary investigations and administrative adjudication, which may follow after a fact-finding investigation.

Cabrido also questioned Gutierrez?s order.

?It?s abuse of discretion. We will raise it with the Court of Appeals or the Supreme Court,? Cabrido said.


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