Transport federation hauls Sorsogon City Officials to Ombudsman for illegal operation of SITEX

The officers and members of Sorsogon Integrated Transport Federation (SINTRAFED) composed of nine jeepney associations servicing the majority of the towns of the province filed a criminal complaint against nine Sorsogon City council members, the city administrator and the legal officer for allowing the illegal operation of Sorsogon Integrated Terminal Exchange.

The group of Ramon Dealca president of SINTRAFED, Adolfo Gallano, Fred Futol, Dennis Narvades, of SISTAMBICO, a transport cooperative plying the route of Irosin, Sta. Magdalena, Matnog and Bulan towns, Alexander Bautista’s group serves the commuters of Sorsogon to Daraga. While Alexander Balbedina and Santiago Dangalan of SOCAJUMAJODCA servicing  the line of Casiguran, Juban and  Magallanes and Bensing Jao of RJ Line alleged that respondents elected and appointed public officials and private individuals committed several criminal and administrative violations.

Named as respondents are Vice-mayor Mark Eric Dioneda,  Councilors Angelu Ravanilla, Jayson Mark Jamisola, Lester Lubiano of East District, Bryan Pingul, PJ Ravanilla, Maria Teresa Perdigon and Nestor Baldon of West District and Reynold Taladtad and Bhem Dioneda of Bacon District.

Lawyers  Mark Gerald Guirindola and Cyril Oropesa being the city administrator and legal officer respectively are included in the complaint aside from Jeffrey Lim, James Kho, Marlo Niko Alvarez, Rachel Odda, Joy Ollanes, Alysa Banares, Ryan Servano, Sherwin Apil, Jovert Jalasco and Rafael Giga as private respondents.

The office of city vice-mayor and the members of the City Council Committee on  Transportation and Public Utilities on July 13, 2022, invited Ramon Dealca for a committee meeting on the proposed enactment of a resolution leading to an ordinance that authorizes the establishment and operation of Sorsogon Integrated Terminal Exchange(SITEX) of SM Prime Holdings, Inc. managed and operated by Park Solutions, Inc. at Barangay Balogo, East district of the city that designated the area as Sorsogon City Grand Transport Terminal.

The complainant was in a supposition that the council will only consider the establishment and designation of SITEX as one of the terminals of the city aside from that of the former Sorsogon Shopping Center terminal and at the Rompeolas, but a Memorandum of Agreement secured by the transport groups that the City Government of Sorsogon and SM Prime Holdings, Inc. on May 24, 2022 designated SITEX as the only terminal for public utility vehicle in the city giving SITEX exclusive rights as the only public utility vehicle terminal of the city without the city council resolution or ordinance designating SITEX as the Grand Central Terminal in Sorsogon City. The MOA was an obvious case of “putting the cart ahead of the horse” as labeled by the complainants.

Despite the protestation that all public utility vehicles were to use SITEX as their terminal, failure to comply dangles a case of traffic violations for the members of the transport groups.

At the onset, Park Solutions Inc. through Sherwin Apil, Jovert Jalasco and Rafael Giga acted on behalf of SM Prime Holdings, Inc. and collected fees from members of the complaining transport groups. The collection was made without the city council passing an ordinance providing for the fixing and scheduling of fees, as stated in Section 7.8 of the Memorandum of Agreement even without officially recognized as the exclusive terminal in the city contrary to the intent of DILG and LTFRB Joint Memorandum Circular in establishing a public transport terminal.

Respondent public and appointed city officials were sent an individual letter dated February 23, 2023 that remained un-acted by concerned officials months after it was received and Park Solutions, Inc continued collecting the imposed fees without reference to the council schedule of fees approved by the city council.

The transport group said that it was a mockery committed by respondents that brought forth to jeepney operators and drivers out of the exorbitant and whimsical fees collected by Park Solutions, Inc. prompting them to file a criminal complaint at the Office of the Ombudsman on May 23, 2023 for violation of Section 3, paragraph e and g of RA 3019, the Anti-graft and Corrupt Practices Act alleging that respondents committed acts constituting corrupt practices for ”causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage, preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. ” It also alleges that the respondents “entered on behalf of the government, any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.” The complainant also averred that the respondent’s public officials have clearly intended to violate the law or flagrantly disregarded established rules.

Seeking a preventive suspension of respondent public officials, complainants cited Section 24 of RA 6770 known as the Ombudsman Act of 1989 which empowers the Ombudsman or his deputy to preventively suspend a government employee, elected, appointed or otherwise pending an investigation if in his judgment the evidence or guilt is strong and if the charge against the employee is dishonesty, oppression or grave misconduct or neglect in the performance of duty.  Also, if the charges warrant removal from the service and if the respondent continued to stay in the office may prejudice the case filed against him.