THE anti-crime watchdog Citizens Crime Watch (CCW), led by lawyer Ferdinand Topacio, is seeking an update from the Office of the Ombudsman regarding the 2022 graft complaint against former Manila Mayor Francisco “Isko Moreno” Domagoso over the controversial P1.4 billion sale of the Divisoria Public Market.
The request was made through a letter addressed to Ombudsman Samuel Martires, where the case is pending as of this writing.
Topacio and CCW co-signer Diego Magpantay called for a status report on the pending investigation into what they described as Domagoso’s “suspicious activities” surrounding the sale.
The letter said: “It is of public knowledge that sometime in August 2020, Domagoso sold the famous Divisoria Public Market for P1,446,966,000 to an “Ermita-based” private firm named “Festina Holdings, Inc.”
Citing news reports, Topacio said the tenant-vendors of Divisoria were not consulted or informed of the plan to sell the said market.
The controversial sale has been the subject of scrutiny and controversy and sometime in 2022, the representatives of the Divisoria Public Market Credit Cooperative filed a complaint with the Ombudsman against Domagoso for, among others, violation of Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act.
“Notably, this is not the only time that Domagoso has been suspected of corrupt practice, as in the same year that the aforementioned complaint was filed, separate criminal and administrative charges were also filed against Domagoso before the Office of the Ombudsman in relation to the implementation of the no contact apprehension policy, including graft and corruption, violation of data privacy act, code of ethical conduct for public officials, oppression and abuse of authority, violation of due process and excessive penalties clause and violation of the Government Procurement Reform Act,” Topacio stated.
He adds that the groups’ request is in response to 14 letters from aggrieved vendors of Divisoria complaining that the sale, having been conducted without prior consultation or notice to those who were affected, is an act of oppression which has deprived them and many others of their livelihood.
“Given the peculiar circumstances under which the sale was conducted, and that there is already a plethora of existing cases against Domagoso for graft and corrupt practice, among others, there is good reason to believe that the sale was indeed tainted with illegal and corrupt intent,” Topacio said.
“Thus, on behalf of the aggrieved vendors and in our crusade against crime and for good governance, we most respectfully implore your Honorable Office to conduct a meticulous investigation into the suspicious activities of Domagoso, including, but not limited to, the unjust and oppressive sale of Divisoria, among other matters,” Topacio added.
He cited that the laws pertinent to the investigation and prosecution of crimes committed by public officials, such as Domagoso at the time, are clear in outlining the powers of the Honorable Office of the Ombudsman in relation thereto.
“Thus, Section 15(1) of Republic Act No. 6770, otherwise known as the Ombudsman Act of 1989, and Section 13, Article XI of The 1987 Constitution, provides that the Office of the Ombudsman has the power to investigate and prosecute on its own the acts or omissions of public officers which appear to be illegal, unjust, improper or inefficient. On the other hand, under Section 15(7) of Republic Act No. 6770 and Section 13(7) of the 1987 Constitution, the Office of the Ombudsman also has the power to determine the causes of inefficiency, red tape, mismanagement, fraud and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency,” Topacio explained.
The feisty lawyer stresses that even though Domagoso has already stepped down from public office, he must still be held accountable for corrupt and unjust practices during his tenure as the mayor of Manila City, if any.
The ball is now in the hands of the Office of the Ombudsman. Let’s wait and see…
***
DIRECT HIT entertains comments, suggestions or complaints. Please have them emailed to [email protected] or text 0917-3132168.
