CEBU, Philippines - The Office of the Ombudsman-Visayas suspended an employee of the Department of Engineering and Public Works (DEPW) in Cebu City after he was found guilty of simple misconduct.
Graft investigator Pio Dargantes suspended Epifanio Cañete for one month without pay.
Dargantes said Cañete’s failure to respond to the allegations deemed the complaint as “admitted.”
“With the failure and refusal of respondent to comply with such an order, the allegations in the complaint is not only uncontroverted but is likewise deemed as admitted,” Dargantes’ decision reads.
Complainant Angeles Denoyo alleged that Cañete loaned from her P71,860 and promised to pay the same with the money that goes into his automated teller machine (ATM) card with the Land Bank of the Philippines (LBP).
“The agreement was that complainant will collect payment of the loan from the ATM,” Denoyo said.
However, when she tried to make a withdrawal using Cañete’s ATM, it reportedly turned out that Cañete had given her the wrong personal identification number (PIN).
Denoyo said she sought refuge with the Office of the Barangay Captain in Buhisan where Cañete lives but no resolution was reached, prompting her to file the complaint before the Office of the Ombudsman.
On June 8, 2011, Dargantes summoned Cañete to file his counter-affidavit but the respondent failed to comply with the order.
In his decision, Dargantes said one of the conditions set forth in the maintenance of an account with the LBP is for the account holder not to divulge the PIN to any party.
Dargantes said the act of respondent in giving his ATM card was already a wrongful act and not divulging the true PIN to Denoyo caused injury and a violation of the conditions of the contract of loan.
“The trickery and misrepresentation done by respondent of concealing the true PIN of the ATM is injurious to the image of the public service as it betrays the trust and confidence of the public to people in the government,” the decision reads.
Dargantes also warned respondent that a violation of same nature of offense in the future will be dealt severely.
The Office of the Ombudsman-Visayas directed Mayor Michael Rama to implement the suspension against Cañete within five days from receipt of the decision and to furnish the anti-graft office a compliance report. – (FREEMAN)