The Office of the Ombudsman has sacked two officials of the Maritime Industry Authority (MARINA) found guilty of "grave misconduct", "falsification of public documents" and "violation of office rules and regulations".
Marina's Franchising Office Director Gloria Victorino-Bañas and Chief Maritime Industry Development Specialist, Ma. Concepcion Canlas Arbolario of the Franchises Supervision and Evaluation Office-Franchising Office were both dismissed from service following the recommendations of the Administrative Adjudication Bureau (AAB) dated Sept. 1, 1999.
Both Bañas and Arbolario were charged before the Ombudsman as a result of the joint investigation of the Senate Committee on Public Services and the Committee on Accountability of Public Officers.
According to the AAB findings, respondents Arbolario and Bañas conspired to alter the date of Provisional Authority (PA) issued to the M/V Kimelody Cristy from Dec. 13, 1995 (the actual date of signing) to Nov. 13, 1995 by applying liquid correction fluid.
The ruling states that "respondents' act of altering the date from Dec. 13, 1995 to Nov. 13 1995 appears to have been made to conceal their "gross negligence", "inefficiency and incompetence on the actions they made on the letter-request for extension of PA of M/V Kimelody Cristy filed by Moreta Shipping on Nov. 6, 1995 and to prevent discovery of their grant of unwarranted benefit or advantage to said shipping line."
In her counter-affidavit Bañas denied conspiracy in the falsification stating that "her participation ended with her initialling the PA on Nov. 13, 1995.
According to Bañas, she had been instructed by Administrator Pacienco Balbon Jr. to make the date "retroact" to November 13, 1995, the time when the motion for issuance of PA filed by the owner of the vessel was granted".
Likewise she stressed that "the alteration of the date cannot be considered falsification because the altered date is not essential nor (does) it affect the veracity or effects thereof".
Moreover, Bañas averred that "she did not perform any act constituting a violation of Marina rules because the PA was processed in the same manner as other applications where the CWL (Coastwise License) was not demanded as a pre-approval requirement".
For her part, Arbolario emphasized in her counter-affidavit that "she did not conspire with the co-respondent as she merely relayed the instruction of then Administrator (Pacencio) Balbon and thinking it was legal since the Motion for Issuance of PA was actually resolved on Nov. 13, 1995".
The two motions for reconsideration which Arbolario and Bañas filed with the Ombudsman were denied last Nov. 25, 1999 and Dec. 28, 1999 respectively.
Meanwhile, Deputy Administrator Lamberto Pia and OIC-Hearing Adjudication Division, Franchising Office Richard Hora have been absolved of complicity due to lack of sufficient evidence to include them in the dismissal decision.
Last Dec. 13, 1995 the vessel M/V Kimelody Cristy caught fire and sank off Fortune Island, Nasugbu, Batangas.