Ombudsman clears brgy captain of graft

CEBU, Philippines - The Office of the Ombudsman-Visayas has dismissed a criminal complaint of graft and corruption against a barangay captain in Danao City for lack of probable cause.

Graft investigator Jane Aguilar cleared Sabang Barangay Captain Dario Almaden of the complaint for alleged violation of section 3(e) of the Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act filed by Melina Derecho two years ago.

Derecho, former bookkeeper of the barangay, claimed that she was illegally terminated by Almaden in September 17, 2010. She said her termination was done without the authority of the Barangay Council.

However, Almaden said that Derecho was terminated with a cause and that the decision allegedly came from the council.

“It was the decision of the Barangay Council to terminate her services as the barangay record keeper. Her termination came about based on the two separate Audit Observations Memorandum (AOM) rendered by the Commission on Audit (COA) on the transactions of the barangay where certain deficiencies were discovered,” Almaden said.

According to Almaden, Derecho failed to perform her job to “keep track of the records on various official transactions” as part of her internal control that would have prevented barangay treasurer Belen Albano from making “irregular disbursements of government funds.”

Albano reportedly admitted having unliquidated cash advance of P139,010 and has executed a promissory note.

The anti-graft office ruled that Almaden may have violated the requirements under the Local Government Code in terminating Derecho without the written resolution from the council.

Aguilar said Almaden failed to present a resolution terminating the services of Derecho but the absence of the resolution does not suffice to hold the respondent liable of the crime charged.

Aguilar said the complaint failed to prove that the barangay captain acted with evident bad faith or manifest partiality or gross inexcusable negligence.

Aguilar said that Almaden could not also be held administratively liable because the Aguinaldo doctrine has set in following the respondent’s reelection in the 2010 barangay elections.

She added that Derecho could not also claim any right to the said position as she was co-terminus with the appointing authority. Derecho was appointed during the previous term of Almaden.

“The appointment of barangay secretary, barangay treasurer and other barangay appointive officials including the barangay record keeper are co-terminus with the appointing authority such that the termination of the term of the barangay captain, the term of office of barangay secretay, treasurer including Derecho likewise expired,” the resolution reads. — (FREEMAN)