Labor arbiter cleared of anti-graft charges

CEBU, Philippines - Citing the complaint was prematurely filed, the Office of the Ombudsman-Visayas dismissed the anti-graft case filed against the labor arbiter of the National Conciliation and Mediation Board in Central Visayas.

Graft investigator Mona Chica Gillamac said complainant Robert Dino failed to establish that he has a “cause of action” in filing the said complaint against Florante Calipay.

“It appears that complainant’s allegations lack basis in view of the absence of the elements of the offense allegedly violated,” the resolution read.

Gillamac likewise ruled Dino failed to establish the injury caused when the respondent issued a writ of execution dated September 2010 amending the decision of the court.

Aside from the criminal complaint, Gillamac also dismissed the administrative complaint for grave misconduct filed against Calipay for lack of evidence.

Dino filed a complaint against Calipay after the latter allegedly modified a court order that ruled Dino will not be held liable for the alleged illegal dismissal of the workers of the “defunct” Unicraft Industries International Corp. of which Dino was president.

He said Unicraft Industries should be held liable for the monetary reward of the workers and not his family. He added the court order was affirmed by the Court of Appeals and the Supreme Court but Calipay amended the order.

In his counter-affidavit, Calipay said the amendment he made in the decision of the court “was to implement the unsatisfied award in a labor case against Dino and his family.”

Calipay also denied he issued the writ in bad faith or in ill motive against the complainant. He added he found the complainant, his wife and his children liable for the illegal dismissal of the workers.

In the said writ, Calipay directed complainant, his wife and three children to jointly pay the workers the backwages, separation pay, attorney’s fee and litigation expenses amounting to P1,313,441.

Gillamac said he found no evidence that the issuance of the said writ caused Dino injury. 

–(FREEMAN)