The Office of the Ombudsman has cleared the board of directors of state-owned Bases Conversion and Development Authority from the two cases filed by Camp John Hay Development Corp. (CJHDevCo).
The said cases, which accused BCDA board of gross inexcusable negligence and causing delays in the issuance of permits and clearances to CJHDevco, were dismissed due to the lack of credible proof to support the complaints. The cases were earlier filed in behalf of CJHDevCo by its vice president for litigation, Manuel T. Ubarra Jr., the BCDA said in a statement yesterday.
The decision, contained in a nine-page resolution, was penned by Graft Investigation and Prosecution Officer Marianne M. Macayra and approved by Ombudsman Conchita Carpio Morales.
“There is no proof that respondents (BCDA board) acted with manifest partially, evident bad faith, or gross inexcusable negligence… There is, moreover, no proof that the alleged delay in the issuance of complainant’s (CJHDevCo) renewal of accreditation, permits and clearances was due to respondents’ palpable intention to favor another party, or that it was motivated by ill will to secure personal and/or pecuniary benefits,” the joint resolution read.
“Complainant, through VP Ubarra, admitted that it owed BCDA unpaid rentals,” it further added.
As the Ombudsman cleared the BCDA board from the cases filed by Ubarra, the Metropolitan Trial Court (MTC) has convicted the latter for the crime of perjury.
It would be recalled that BCDA president Arnel Paciano D. Casanova filed a criminal complaint for perjury against Ubarra before the MTC based on the complaint-affidavit Ubarra filed before the Ombudsman in 2012.
Ubarra’s complaint was directed against Casanova and other BCDA directors “for failing to promptly reply on letters and requests from the public within 15 days from receipt.”
Ubarra alleged that it took 60 days before Casanova replied to the letter he sent on Dec. 29, 2009.