CEBU, Philippines - For lack of probable cause, the Office of the Ombudsman Visayas has dismissed the criminal complaint against the Vice Mayor of Tudela and the members of the municipal council relative to the unpaid salaries of the 17 job order employees.
Ombudsman Merceditas Gutierrez approved the dismissal of the complaint against Vice Mayor Clint Maratas and municipal councilors Oscar Solante, Tomas Orge, Antero Portarcos, Francisco Orge, Meldred Otadoy, Erwin Yu, Dioscoro Uy, Greman Solante and Arriane Capao for being moot and academic.
Mayor Rogelio Baquerfo, Sr. earlier filed a criminal complaint for alleged violation of Article 233 of the Revised Penal Code against the members of the municipal council after 17 of his job order employees were not paid of their salaries for three months.
Baquerfo blamed the municipal council for the unpaid salaries despite his executive order.
But the members of the council argued that they could not be blamed for it because Baquerfo hired the 17 job order employees without an authorized budget and that Baquerfo did not include their wages in his budget proposal last year.
Nevertheless, the respondents said the complaint is already moot and academic because the job order employees, except for one who is not yet eligible for employment, have already been paid. In their counter-affidavit submitted to the anti-graft office, the respondents attached the certification issued by the municipal accountant confirming that the employees were already paid.
One of the 17 job order employees was not paid because he was not eligible for employment considering that he ran for municipal councilor in 2007 and lost the election. Defeated candidates are banned from government employment within one year from the election.
Finding the counter-affidavits to be reasonable, the anti-graft office dismissed the complaint for lack of probable cause. — Fred P. Languido/JMO