Governor Joseph Cua quickly filed a motion for reconsideration the other Monday (Aug. 22, 2022), five days after receiving a copy of the Ombudsman’s adverse decision on his participation in the construction activities at the Palnab Shipyard case during the quarantine period in April 2020.
His counsel is also filing a supplementary motion for reconsideration to buttress the governor’s position in the initial motion, the Tribune learned last week.
Last Aug. 8, the Ombudsman released a decision finding the governor guilty of Conduct Prejudicial to the Best Interest of the Service and ordered him to pay a fine equivalent to his salary for six months as the offense was committed without utilizing or abusing the powers of his position.
The other charges of Violation of Section 3(e) of Republic Act 3019, Grave Misconduct, Grave Abuse of Authority and Violation of Oath of Office were dismissed for lack of basis as they appeared not to be related with the performance of his official functions and duties.
However, the graft investigation body found probable cause against the governor for one (1) count of Section 301 in relation to Section 213 of Presidential Decree 1096 (the National Building Code) and one (1) count of violation of Section 96 of Republic Act 8550 (Philippine Fisheries Code) as amended by RA 10654 and ordered that the charges be filed against him.
As chief executive of the province, Cua reportedly receives a base pay of about P130,000.00 a month and, if his appeal is denied, would have to pay the Ombudsman about P780,000.00.
Observers noted that the Joint Resolution on the case filed by Virac Municipal Environment and Natural Resources Officer-designate Andy Po II was submitted by Graft Investigation and Prosecution Office Kathleen Sheelah Uy-Alcober on April 4, 2022, or just a month before the May 9, 2022 national and local elections.
The resolution was recommended for approval by Assistant Ombudsman Pilarita Lapitan and eventually approved by Ombudsman Samuel Martires on June 17, 2022.
Po’s complaint stemmed from the construction activities undertaken by the JC Cua Group of Companies in connection with a proposed shipyard at a foreshore lot beside an existing mangrove area in Palnab del Sur in Virac.
On April 14, 2020, while he was serving his one-year suspension, Cua sent a letter, with his signature on it, to Punong Barangay Bernadeth Magtangob informing of the pre-construction activities at the proposed shipyard.
According to the complainant, Cua was present during a subsequent inspection by barangay officials at the site.
It was also found that the construction works were done without the respondent first securing a Locational Clearance, Building Permit, Foreshore Lease Agreement and Environmental Clearance Certificate as required by law and ordinance.
In his counter-affidavit, Cua denied writing the April 14, 2020 letter, which he claimed was written and signed by his namesake son, Joseph O. Cua Jr., who also said that the company undertaking the project was the Palnab Shipyard, Inc., which is not connected to his father.
In considering the facts material to the charges, the graft investigator said her office is inclined towards the finding that the pre-construction activities were ordered by the respondent, noting his signature on the letter and his presence during the ocular inspection.
Atty. Uy-Alcober said Cua was not able to prove that the signature in the letter was his son’s, citing the suspended governor’s submission of a pleading using the same signature.
In brushing aside his denials, the Ombudsman stated that the genuineness of the signature, the veracity of Joseph O. Cua’s claim, and the propriety of the use of corporate identity are issues best threshed out in a full-blown trial.