Gerardo Viterbo

Complaint

Resolution

Summary and Comments

 

Linis Gobyerno, Inc.

OFFICE  ADDRESS: G/ F,  PCEC Bldg.,  Happy Homes, Campo Sioco, 2600  Baguio City, Philippines

Tel./Fax No.  (074) 620-0641   / 448-0645     Mobile Phone Numbers  (0919) 5890486  /  (0917) 6620374

 

November 27, 2002

 

HON. SIMEON MARCELO

OMBUDSMAN

 

HON. JESUS GUERRERO

DEPUTY OMBUDSMAN FOR LUZON

 

Gentlemen:

 

The undersigned, being the Anti-graft Researchers of LINIS GOBYERNO, an anti graft, corruption prevention and detection civil society group (NGO), duly registered with the Securities and Exchange Commission (SEC), would respectfully like to transmit and endorse to your office what is believed to be a violation of RA 3019, otherwise known as the Anti Graft and Corrupt Practices Act, and Act 217 of the Revised Penal Code (Malversation of Public Funds or Property) among other violations of law, committed by MR. GERARDO VITERBO, Regional Director of the Philippine Postal Corporation (PhilPost Corp), Cordillera Administrative Region (CAR) with office and Postal address at Post Office Loop, Baguio City

 

 

Herewith, we are transmitting to you office four (4) sets of the following documents and duly marked as Annexes to form integral part in support to the above allegation.

 

1. Letter inquiry of LG to Dir. Gerardo Viterbo dated October 2, 2002, hereto marked as Annex “A”;

 

2. Partial summary of stall rentals/ leases on Postal Corp.- CAR property as provided for by Dir. Viterbo to LG members during personal interview. During the interview Dir. Viterbo admitted before LG members Farres & Aquino that he did not require a contract of lease for most lessors (with handwritten notation of Dir. Viterbo), hereto marked as Annex  “B”;

 

3. Postal Corp. Circular No. 97-27 dated July 14, 1997 together with attached Guidelines in Leasing out PhilPost Buildings, hereto marked as Annex “C” to “C-10”;

 

4. The Junction Regional Newspaper, issue of October 26, 2002 (LG Komentaryo section at pages 12 & 13) take note of existing stall lessor, other surveyed lessors and corresponding rentals and photos of leased out government (PhilPost) properties, hereto marked as Annex “D”;

 

5. LG letter request LG to Mr. Dionisio Bernal, Regional Cluster Director, Public Utilities, Commission on Audit (COA-CAR) dated October 28, 2002, hereto marked as Annex “E”;

 

It can be gleaned from the attached annexes that Director Viterbo leased out government property without observing and practicing  the proper guidelines and procedures in leasing and renting out government properties. Dir. Viterbo did not conduct the requisite public bidding procedure; ample and sufficient notice to the public that PhilPost properties were available for lease; contracts of lease were not accomplished with most stall/ property lessors among other violations of existing  and prescribed rules and regulation of the Philippines Postal Corporation, OA Rules and Regulations, RA 3019 etc…

 

Because of this anomalous, irregular and wanton disregard by Dir. Viterbo of existing laws, our government was prejudiced, deprived of lawful government revenue and got the short end of the stick so to speak. Seemingly, this irregular and anomalous transaction entered into Dir. Viterbo appear to be for his own personal gain and benefit.

 

What makes these anomalous transaction more revolting and repulsive is that they were committed by the head of a regional office, a regional director and presidential appointee at that, who has taken a sworn duty to act accordingly knowing fully well that public office is a public trust.

 

In view of this, we respectfully request your Honorable Commission to conduct a detailed FACT FINDING and FULL BLOWN INVESTIGATION, and after so doing, we are confident that this Honorable office will find probable cause to file the corresponding charges, so that others in similar position will adhere to the dictum that public office is a public trust.

 

Thank you.

 

 

Respectfully yours,

LINIS GOBYERNO

 

(SGD) Odell P. Aquino                                    (SGD)Rima A. Opina

Anti Graft Researcher                           Anti Graft Researcher

 

 

Noted by:

(SGD) Benigna A. Dawang                               (SGD) Freddie Farres

Director                                                            Executive Director

 

Copy Furnished:

            -HON. NICASIO P. RODRIGUEZ JR., Postmaster Gen.. & CEO

            - LG Board

            -LG Legal

 

SUBSCRIBED AND SWORN to before me this 27th day of November 2002 at Baguio City, Philippines.

                                                                                    (SGD) Asuncion Fikingas-Mandia

                                                                                       3rd Assistant City Prosecutor

                                                                                                Baguio City

 

CERTIFICATION

 

            I hereby certify that I have personally examined the above named affiants (anti graft researchers representing Linis Gobyerno) and that I am satisfied that they executed the foregoing Letter Complaint (3 pages including this page) freely and voluntarily and that they fully understood the contents thereof.

 

                                                                                    (SGD) Asuncion Fikingas-Mandia

                                                                                       3rd Assistant City Prosecutor

                                                                                                Baguio City