Mandaue brgy officials cleared of admin raps

CEBU, Philippines - The Office of the Ombudsman-Visayas dismissed the criminal and administrative complaints filed against the barangay captain and three other barangay officials of Cambaro, Mandaue City for lack of probable cause.

Graft investigation and prosecution officer Eleanor Tayad-de Mira found no evidence to hold respondents Vicente  Domasian Jr., barangay captain; councilwoman Celma Sanchez; barangay treasurer Maribeth Parba and Hector Valero Sison Jr. liable for the crime charged.

“Thus, considering that the presumption of regularity with respect to the employment of Sison, as well as the performance of his assignment is not rebutted by complainant by competent evidence to the contrary, it may be well to conclude that the inclusion of Sison in the barangay payroll appears to be in order,” the resolution reads.

Respondents were cleared from a violation of Section 3(e) of Republic Act 3019 otherwise known as anti-graft and corrupt practices act, and/or estafa through falsification of public documents, misconduct and/or dishonesty.

Guy Anthony Postigo, a resident of Cambaro, filed the complaint and alleged that he was surprised when the name of a certain Hector Valero was included in the payroll for the months of January 2010 to March 2010 as garbage personnel of Cambaro.

When he verified the name, he found out that Hector Valero was actually Hector Valero Sison, Jr., a private employee and a resident of barangay Umapad, Mandaue City.

“The inclusion of Hector Valero in the said payroll is improper and anomalous since the person who is actually referred to by his name is an employee of the barangay, for being privately employed, and therefore, could not be entitled to the amounts stated therein; that the said inclusion is grossly disadvantageous to the government particularly to barangay Cambaro,” the complaint reads.

Domasian, in his counter-affidavit, denied the allegations and said he appointed Sison as garbage personnel from January 1, 2010 to June 2010. He added when he hired Sison he was no longer connected with the private sector.

He explained that Sison was not just a garbage collector but was also assigned to handle peace and order and intelligence work for the barangay.

Domasian said they agreed to use Hector Valero and did not use his surname because he does the intelligence work and doing so would protect his identity.

Sison affirmed the allegations of Domasian but explained he already resigned as sales agent before he was employed in the government.

Based on the foregoing statements, de Mira ruled to dismiss the case saying there was no “competent evidence” presented by the complainant to counter the “presumption of regularity with respect to the employment of Sison.”

Though, they did not accord the contention of the respondents that they used Hector Valero instead of his full name Hector Valero Sison, the liability of  Domasian was deemed mooted. De Mira said Domasian was supposedly liable for simple misconduct, but the penalty will become moot and academic after he was reelected in 2010 election.

“Thus, conformably with the well-settled jurisprudence that a reelected local official may not be held accountable for misconduct/misdeeds committed during his prior term of office, the dismissal of the herein administrative complaint against respondent Domasian is deemed proper,” de Mira ruled. (FREEMAN)