The Office of the Ombudsman Visayas is no longer pursuing the administrative investigation against a city hall official who was caught in an entrapment operation for allegedly accepting bribe money after Mayor Tomas Osmeña ordered for his suspension.
Deputy Ombudsman for the Visayas Pelagio Apostol said jurisdiction of administrative cases are concurrent, which means whoever takes cognizance of the case first should have exclusive jurisdiction over it.
Apostol said that if the city government has already started its own administrative investigation against Engracio Lumangtad the anti-graft office will keep its hands off the case.
According to Apostol, if the ombudsman continues to take jurisdiction of the administrative aspect of the case it may be in conflict with the City Hall investigation.
He, however, said that the criminal cases that the National Bureau of Investigation filed against Lumangtad will continue.
Osmeña already ordered Lumangtad be placed under a six-month preventive suspension.
Lumangtad, chief of the land appraisal division, was arrested by the NBI last Tuesday during an entrapment operation for demanding P45,000 from Francisco Bontuyan for the issuance of a tax declaration.
Bontuyan alleged that Lumangtad offered to fix the problem in the issuance of the tax declaration for the property of his mother as the lot was allegedly identified as a barangay road.
According to Bontuyan, Lumangtad said it was difficult to issue a tax declaration for the property but he could make it go his way he is ready to pay P50,000.
From that amount Bontuyan was able to haggle it down to P45,000.
He added that the latest transaction that led to Lumangtad’s arrest was not the first as he also paid P80,000 to the latter last September.
A case for violation of the Article 210 of the Revised Penal Code otherwise known as direct bribery has already been filed in court against him.
Engracio was released the other day after posting a P20,000 bail for his temporary liberty.
Aside from the case that the Ombudsman has filed before the Regional Trial Court against Lumangtad, the latter is also facing charges for violations of the Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act and R.A. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees before the anti-graft office. —Fred P. Languido/BRP