The administrative and criminal cases filed by a retired policeman against Mayor Evelio Leonardia et al involving the construction of the government center are now in the records of the Supreme Court and cannot be revived or reopened, Bacolod City Legal Officer Joselito Bayatan said yesterday.
The case filed by Victor Eduardo and Sancho Nagar Sr. versus Leonardia et al with the Supreme Court has become final and executory on Oct. 28, 2010 and is recorded in the Book of Entries of Judgment.
Bayatan said they received a copy of the entry of judgment last week.
Eduardo had asked the Bacolod Sangguniang Panlungsod to investigate the alleged irregularities and anomalies involving the government center project.
He claimed that the COA Group J Team-Bacolod has issued a notice of disallowance, disallowing the amount of P364,831,456.52 involving the construction and site development of the Bacolod City Government Center for violation of R.A. 8491.
Bayatan said Eduardo is planning to resurrect the case with the Ombudsman and to also file a case with the Commission on Audit.
Eduardo may have forgotten that he had elevated the case involving the government center to the Supreme Court but it did not touch first base, he said.
Because a few months later, after the two filed a review on certiorari, the Supreme Court came out with a resolution that their appeal had no factual and legal basis, he added.
The Supreme Court, in its resolution last year, said the findings of the Ombudsman is one that is binding on the case, Bayatan also said.
It means that all the decisions of the Ombudsman were based on applicable laws and evidences, he said. That is why their appeal was denied, and after it was denied, they did not file for motion for reconsideration if they believe they have a strong cause, Bayatan added.
He also said that, since the judgment has become final and executory, they can no longer resurrect the case.
This means that the case titled Victor Eduardo versus Evelio Leonardia et al, is now in the records of the Supreme Court and it cannot be revived, resurrected or reopened, either with the COA or Ombudsman, he said.*CGS