DENR legal officer cleared of administrative complaint

CEBU, Philippines - The Office of the Ombudsman Visayas has dismissed the administrative complaint against the chief legal officer of the Department of Environment and Natural Resources for failure to act on an inquiry relative to a land reversion case.

The anti-graft office considered the heavy workload of lawyer Fernando Alberca in dismissing the administrative complaint for violation of the Republic Act 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees.

“He should be given leeway in attending to inquiries of said nature taking into account that it involved matters outside his regular duties and that the data requested for was not readily available in their office,” read the decision of the anti-graft office.

The case stemmed from a complaint filed by Virgilio Layaguin on July 9, 2005 alleging that Alberca did not respond to his inquiry on the status of the annulment and reversion of title covering a lot situated in Barangay Sta. Cruz, Ronda.

Alberca said when he received the letter dated February 12, 2005 he was in a quandary as to how to reply to it since the request was for him to inquire what the assistant secretary for general legal services in Quezon City has done regarding the case.

Alberca said he referred the letter to the clerk of the Oplan Anti-Fake Title for verification of its status and tried to contact the said offices. He also tried to answer the complaint's letter but he was allegedly overtaken by the second letter.

Alberca said he chose to answer the second letter instead but it was already beyond the 15 working day period provided under Section 5(a) of the R.A. 6713.

The anti-graft office gave him “leeway” and dismissed the complaint but reminded him to inform the concerned party of the receipt of his letter and the action taken when confronted of the same situation in the future. – Fred P. Languido/BRP (FREEMAN NEWS)