PRESS STATEMENT of Atty. Caesar Distrito

RE: The Baliguat Ombudsman Complaint

From the outset, the complaint filed by Mr. Rolando M. Baliguat before the Office of the Ombudsman—targeting then Mayor Albee Benitez, nearly all members of the Sangguniang Panlungsod at that time, and several other individuals—is baseless and politically motivated. It concerns the Build-Transfer-Maintain (BTM) Agreement between the City Government of Bacolod and Highdata Infra Corp. for the Bacolod “Super City” Project.

From day one, this project was undertaken in full compliance with the Public-Private Partnership (PPP) Code of the Philippines (R.A. 11966), the Bacolod P4 Ordinance, and all other applicable laws. It underwent almost two years of rigorous evaluation, Swiss Challenge proceedings, multi-agency review, and legal vetting by both the City Legal Office and the PPP Center. Every stage—from the unsolicited proposal to the final ratification by the Sangguniang Panlungsod—was thoroughly documented, transparent, and subjected to proper institutional oversight.

The allegation that the contract is “grossly disadvantageous” to the government is unfounded. A comprehensive Value-for-Money analysis confirmed that the project delivers substantial public benefit: modernization of city infrastructure through a Centralized Command Center, intelligent street lighting with surveillance analytics, and enhanced tax mapping and GIS systems—all without any unlawful disbursement of public funds.

Questions raised about the proponent’s capability, the timing of the contract, and supposed procedural lapses disregard both fact and law. The PPP Code expressly allows partnerships with newly registered corporations that pass capability evaluations. The election period ban cited by the complainant applies only to actual disbursements, which never occurred. Furthermore, the Sangguniang Panlungsod’s decision to fast-track approval of City Ordinance No. 1089 was a valid legislative prerogative under the Local Government Code.

No public rights were compromised. No public asset was surrendered. The Centralized Command Center—contrary to misleading assertions—remains fully owned and controlled by the City and serves multiple public purposes beyond the PPP project.

This complaint is built on speculation, legal misinterpretation, and political malice. Jurisprudence is clear: public officials are presumed to have acted regularly and in good faith, absent clear proof of bad faith, malice, or gross negligence. None of those are present here.

We call on the public to recognize this project for what it truly is—an investment in Bacolod’s future, aimed at making our city safer, smarter, and more competitive. The Order issued by the Ombudsman is just a procedural matter. We are confident that this baseless case will immediately be dismissed for lack of probable cause and merit.*

 

ATTY. CAESAR Z. DISTRITO
City Councilor
Spokesman of Congressman Albee Benitez