CEBU, Philippines – For neglect of duty, the office of the Ombudsman-Visayas has ordered the suspension of the Minganilla municipal engineer after finding inconsistencies in his inspection reports in connection with the town's five infrastructure projects.
In a 24-page decision penned by graft investigator and prosecution officer Eleanor Tayad, municipal engineer Nestor Sotes has been suspended for three months.The sus-pension was also recommended by deputy ombudsman Pelagio Apostol,
"This office believes that respondent Sotes had been remiss and negligent in his duty. While it may not be true that respondent Sotes may have made an ocular inspection, what is evident is that the same was not done by him with due care as shown by his two inconsistent reports. Considering that there are insufficient substantial proof of fraud or bad faith on the part of the respondent, his negligence is considered simple so that he should only be suspended from service for a period of three months," read a portion of the decision which was promulgated last September 4, 2009, but was only implemented last August 16.
Minglanilla's human resource head Ratchila Anor said Sotes had been suspended since August 16 without pay. In a separate call to his office, however, Sotes' staff Joselito Companion admitted that the suspended engineer still goes to his office everyday, like what he did yesterday when The FREEMAN called him for an interview, but the inter-view did not push through since he had reportedly left the office already.
Sotes was compelled to submit his inspection reports to the Ombudsman following former mayor Marlo Hedwigo Cañada's request for assistance from the anti-graft office, filed in 2005, after the then administration of Mayor Eduardo Selma had frozen his terminal leave benefits.
In his report, Sotes stated that the concreting of the 60-meter road in Belmont Village, Pakigne did not actually use up 900 bags of cement but only 775. The same also goes for the 90-meter road in Springroad Tulay, from the reported 1,250 bags only 720 were allegedly recorded, the engineer alleged. Also, the basketball court at Lower Calajoan, the pathway in Camp 7 and the reservoir in Guindarohan used up less bags of cement contrary to what had been recorded, he further alleged.
But upon scrutiny, the Ombudsman found that the reports Sotes submitted in its office, one dated March 2006 and another in August 2006, are "inconsistent" which "evi-dently" was the reason why Canada could not be issued property clearance, which is needed for his terminal leave pay to be released.
Canada alleged the current administration had withheld his benefits since 2004. Canada served as mayor from 2001-2004, and three straight terms as councilor before that, and according to him he is entitled to about P300,000 of terminal leave benefits.
When he was defeated during the 2004 elections by Selma, who was his vice mayor in the 2001 race, the latter shortly before warming his seat had issued an order freezing his collectibles, and asked for clearance from various offices. Sotes' office was one of those directed to check on the former mayor's projects.
Dec. 28, 2005, treasurer Alidon forwarded to Sotes the accomplishment report submitted by Cañada, but still has "not immediately conducted" the inspection report, noted Tayad.
"Instead, on January 4, 2006, Sotes requested for an unspecified extension of time to submit his final inspection report," it added.
He was however reminded by the treasurer that he was only given a period of 15 days to act on the matter. Despite the reminder and after the lapse of the given period, Sotes did not provide any final inspection report until March 2006. And instead, he made two reports dated March 2006 and August 2006 which, Tayad found to be "inconsistent with each other."
"The two reports readily showed glaring inconsistencies and even ran counter to his affidavit, thus, doubt as to their truthfulness cannot be disregarded," the investigator said.
In his March 2006 report, Sotes said that in the concreting of the 60 linear meter (LM) road at Belmont, Pakigne, the 900 bags of cement had been purchased through public bidding intended for the project.
But in his affidavit submitted to the Office of the Ombudsman, he said that the cement was for the Candulawan-Tunghaan Farm to Market circumferential road project.
Also, the Ombudsman observed that the projects were undertaken sometime in 2003 but the same was inspected by the municipal engineer on March 6, 2006 or three years, more or less, after they have been implemented.
Meanwhile, Alidon and Selma were off the hook, as according to Tayad, the former's task was dependent on Sotes' final inspection report, while the incumbent mayor was already an elected official in 2007 rendering the complaint against him "moot and academic." The incidents happened between 2005-2006.
"A re-elected local official may not be held accountable for misconduct committed during his prior term of office," read the decision. (FREEMAN)