Army chief Lieutenant Hernando DCA Irriberi. FACEBOOK GRAB
The Office of the Ombudsman has raffled off the administrative and criminal cases filed against Army chief Lieutenant Hernando DCA Irriberi which will require him to submit his counter-affidavits for the start of a preliminary investigation.
If investigators find prima facie evidence on the allegations as stated in the complaints, Irriberi might be face preventive suspension to deter him from interfering with the probe.
The filed complaints were docketed as Case No. 15-0328 (criminal) and Case No. 15-0358 (administrative).
Ombudsman Media Affairs Officer Jerry Benedict Rosete told InterAksyon.com over the phone he has yet to find out about the status of the cases.
Out of running as AFP chief of staff
Although already deemed out of contention from the race of contenders for the top position of the Armed Forces of the Philippines (AFP) based on the repeated pronouncements of President Benigno Aquino III that he prefers to appoint a younger AFP chief of staff who will serve beyond his term, Irriberi’s chances further dims because of these graft cases.
Aquino also wants a younger general to replace resigned but still in active duty on a floating status General Alan Purisima who was widely blamed for the botched Oplan Exodus that killed Malaysian terrorist Zulkifli Abdhir alias Marwan but also led to the massacre of 44 members of the Special Action Force (SAF) by the Moro Islamic Liberation Front (MILF) on January 25, 2015 in Mamasapano, Maguindano.
The criminal and administrative charges against Irriberi were filed by Roperlynn Cruz Comahig, a representative of Joavi Philippines Corporation (JPC), stemming from at least three ammunition contracts worth P97.8 million. These were filed on May 5 and 10.
Comahig alleged that Irriberi deliberately caused undue delay for delivery of the ammunition by not issuing necessary documents such as Notice to Proceed and End-user Certificate despite the approval of amended contracts and paying the imposed 10% liquidated damages.
The projects include: 1,635 rounds of ctg. (cartridge) 105mm HE (High Explosive) with Fuze under Contract Nr (ORD) 074-10-11 worth P49.050,000, 1,650 rounds of ctg. 105mm HE with Fuze under Contract Nr (ORD) 090-11-11 worth P44,550,000, and 1,862 rounds of ctg. 40mm AGL (Automatic Grenade Launcher) ammunition under Contract Nr (ORD) 098-12-09.
Allegedly, Irriberi prefers ammo projects to be implemented as “emergency purchase” instead despite that JPC won in public biddings from 2010 to 2012.
To reinforce the firm’s legal complaints, Christopher Anthony S. Manaluz, Managing Director of JPC, also filed on June 9 a five-page prayer for preventive suspension against Irriberi.
“Succinctly, the charge involves gross negligence which would warrant respondent Irriberi’s removal from the service. Further, respondent Iriiberi’s continued stay in office will definitely prejudice the complaints filed by JPC considering that the vital documents subject matter of this complaint are all in his possession,” Manaluz said.
“Consequently, there is a great possibility that he could tamper them to conceal his liability and/or influence/restrain possible witnesses from coming forward. Undoubtedly, the need to preventively suspend respondent Irriberi will serve the orderly administration of justice and ensure that the preliminary investigation can proceed without impediment,” he added.
“As a result of respondent Irriberi’s abuse of his authority and arbitrary decision, JPC has suffered financial losses amounting to no less than Twenty Five Million Pesos (P25,000,000.00) which comprise the partial payments for the goods that JPC has paid to the supplier, the cost of warehouse storage, and related expenses,” Manaluz further said.
http://www.interaksyon.com/article/113201/ombudsman-raffles-off-army-chief-irriberis-graft-cases
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