SUBIC BAY FREEPORT – The Subic Bay Metropolitan Authority (SBMA) welcomed the recommendation of the Office of the Deputy Ombudsman for Luzon to dismiss the graft cases filed by the former operator of the golf course in this freeport against the agency’s senior officials.
SBMA Administrator Armand Arreza said the recommendation by the Office of the Deputy Ombudsman to dismiss the case “simply proves that the agency had only exercised its obligation to protect the interests of the government through legal and lawful means.”
Deputy Ombudsman Mark Jalandoni recommended the dismissal of the cases against SBMA officials after his office established that the complaint filed by Universal International Group of Taiwan (UIG), which operated the golf course prior to the SBMA takeover, had no basis.
The 28-page recommendation was made based on findings by Regina Anniban, graft investigation and prosecution officer I, and Joaquin Salazar, acting director of the Evaluation and Investigation Office.
The cases against SBMA officials stemmed from the takeover by the SBMA on June 8, 2007 of the Subic Bay Golf and Country Club, Inc. (SBGCCI), which was then operated by UIG.
The SBMA took over the golf course after the UIG failed to settle debts in rental and other fees worth US$350,000 and P16 million.
The SBMA also effected the takeover for UIG’s failure to fulfill development plans stated in its Lease Development Agreement (LDA) with the SBMA.
In response to the takeover, former SBGCCI president Susan Ho, former SBGCCI vice president Jack Hu and a certain Angela Hu, filed separate cases of violation of Republic Act 3019 (Anti-Graft and Corrupt Practices Act), robbery, trespassing, grave threats, theft and grave coercion against former SBMA chairman Feliciano Salonga, Arreza, SBMA senior deputy administrator Ramon Agregado and 48 other SBMA officials and private individuals.
In a consolidated resolution, the Office of the Deputy Ombudsman for Luzon (ODO-Luzon) said that charges pertaining to the takeover by the SBMA of the golf course were dismissed for lack of probable cause.
It noted that under Section 22.2 of the LDA, the tenant or any of its subsidiaries (UIG/ SBGCC) “failed to pay any installment of base rent or additional rent or any other amount due from August 2003 and continued for a period of 30 days after notice from SBMA”.
“The continued failure (by) UIG to make good of its financial obligations resulted in the extinguishment of its right to enjoy the use of the property subject of the contract. Complainants cannot now question the takeover of the golf course,” ODO-Luzon also said.
“Subsequently, finding no irregularity in the subject takeover, the charge of violation of RA 3019 was dismissed for lack of probable cause,” it added.
According to ODO-Luzon, as it has been established that complainants have lost their rights over the subject golf course, the charge for trespassing against public respondents “must likewise fail.”
Furthermore, charges of robbery, theft, grave coercion and grave threats were dismissed for lack of evidence.
Arreza said the recommendation was “a great relief” for SBMA officials who were dragged into the controversy while they were doing their duties as public officials.
Among those who were included in the charges that the Ombudsman dismissed were former SBMA senior deputy administrator for business Hermenegildo Atienza III, deputy administrator for business Raul Marcelo, former Law Enforcement Department (LED) manager Jaime Calunsag, LED operations chief Vicente Tolentino, Legal Department manager Atty. Von Rodriguez, former Land and Asset Department manager Juan Montelibano, Michael Quintos, Clarisse Labicasi, and 50 others.
