Ombuds clears Andales, Basamot of charges

CEBU, Philippines - The Office of the Ombudsman-Visayas has cleared Cebu City Councilor Sisinio Andales and Kamputhaw barangay captain Lorenzo Basamot of criminal and administrative charges in connection with the hiring of Andales as legal counsel of Kamputhaw.

The Ombudsman-Manila through Deputy Ombudsman Mark E. Jalandoni has approved the findings and recommendations of graft investigator Euphemia B. Bacalso to dismiss the twin charges filed by former Kamputhaw barangay councilman Rodnie Ray Tumulak against Andales and Basamot.

Andales, who was elected as a city councilor last year, was still the captain of Barangay Pahina-Central when Tumulak lodged the complaints before the anti-graft body.

Tumulak claimed that Basamot violated the law when he hired and appointed Andales as the barangay’s legal officer violating a state audit policy that prohibits the local government units to hire private lawyers to handle legal cases, without the approval of the Office of the Solicitor General.

The complainant further claimed that Andales also violated the provisions of the law as provided for under Section 95 of the Local Government Code that prohibits appointive or elective officials from receiving additional or double compensation.

But Andales said he was just being dragged to the political conflict between Basamot and Tumulak.

Andales said some barangay officials of Kamputhaw approached and convinced him to be their legal consultant because the city legal office at that time could not expediously act on the barangay’s legal problems.

According to him, there was never an instance that he entered his appearance as counsel in court cases on behalf of Barangay Kamputhaw.

When the members of the Kamputhaw barangay council learned that the hiring of Andales as legal counsel is under question, it quickly passed a resolution asking Andales to reimburse the P24,000 that he received as honorarium, to which the latter complied.

When the anti-graft investigator scanned the documents, it was found out that the complainant was also among those who signed the resolution that allowed Basamot to engage the services of Andales.

The anti-graft investigator said while the hiring of the legal officer might have suffered lapses, the same does not reveal bad faith or malice on the part of either respondent so as to hold them criminally liable for the present charge.

“Clearly, respondents’ liability, if at all liable, does not appear to be criminal in nature,” Bacalso said.

But because both Basamot and Andales have been reelected to government elective positions last year, both of them could no longer be slapped with administrative sanctions based on the so-called Aguinaldo doctrine.

The law provides that the reelection to office of respondents of administrative cases renders the case moot and academic since the same operates as a condonation of the officer’s previous misconduct. — (FREEMAN)