Labor aide cleared of graft

CEBU, Philippines - For insufficient evidence, the anti-graft office dismissed the criminal and administrative complaint filed against an administrative aide of the National Labor Relations Commission-7.

Graft investigation and prosecution officer Katherine Genovesa said she found no violation on the part of Jeoffrey Tamparong when he served the notice of garnishment against the deposits of complainant Edgar Gica at Banco de Oro, Ramos Branch, Cebu City.

“In the case at bar, it is evident that the decision of the labor court has already become final and executory considering that complainant only filed his motion almost two months after the receipt of the order. Thus, the issuance of a notice of garnishment is in order,” the resolution read.

Gica filed a criminal complaint for violation of Section 3(e) of Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act and an administrative complaint for grave abuse of authority against the respondent.

In his complaint, he alleged that respondent caused undue injury when he gave “unwarranted benefits, advantage or preference” to Cesario Sarunitman, the complainant of a labor case against him before the NLRC.

He said although there were pending issues to be resolved like motion to recomputed award, manifestation/supplemental motion and the pre-execution conference on May 12, 2009, still respondent reportedly served the notice of garnishment on Apr. 30, 2009.

In his counter-affidavit the respondent denied the allegations. He said the pre-execution conference was called on Sept. 19, 2008 but complainant failed to attend.  Because of the complainant’s absence, labor arbiter Philip Montaces issued an order dated Oct. 24, 2008 for the issuance of a writ of execution.

On Dec. 22, 2008, the respondent said the complainant filed an extremely urgent motion to recomputed judgment award which was denied on Jan. 5, 2009.

When he served the notice of garnishment on Apr. 9, 2009 respondent said complainant filed an urgent motion to immediately lift the notice of garnishment citing there were issues to be resolved but denied by labor arbiter Ricardo Barrios.

Barrios then directed the said bank to deposit the garnished amount of P320,145.45 with the cashier of the Regional Arbitration Branch-7. (FREEMAN)