Raps against former city worker dropped

CEBU, Philippines - For lack of jurisdiction, the Office of the Ombudsman-Visayas has dismissed the administrative complaints filed against a former employee of the Office of the Cebu City Assessors Office.

Graft investigation and prosecution officer Michael Mernardo Jr. said considering respondent Sandre Agravante Po was no longer connected with the government, he had to dismiss the case.

“Respondent’s dismissal from the service as of August 31, 2007 divests the Office of the Ombudsman jurisdiction to hold Po administratively liable…Moreover, the dismissal of Po from service before the filing of the instant case renders the administrative case moot and academic,” the decision read.

The complaints filed were violation of Article 171 of the Revised Penal Code or falsification of public documents and violation of Republic Act 6713 or the code of conduct and ethical standards for public officials and employees.

In 2007, lawyer Medardo de Lemos, former regional director of the National Bureau of Investigation-7 filed complaints against Po, a resident of J. Alcantara St., Cebu City.

Based on the document, respondent allegedly made fraudulent Cebu City tax declarations, official receipts of transfer tax payment and real property tax clearance.

The NBI arrested Po on May 31, 2007 through an arrest warrant issued by then executive Judge Fortunato de Gracia.

Aside from the arrest, the NBI also seized personal computer of the respondent which he allegedly used in making fake public documents.

In 2008, the Office of the Ombudsman directed the respondent to file his counter-affidavit. In his reply, respondent denied the allegations. He likewise denied the documents recovered inside his residence like Cebu City tax declarations, official receipts of transfer tax payment and real property tax clearance.

He, however, said granting that the recovered documents were in his possession, it would not create a presumption that he was the one who falsified the documents.

“It must be noted that mere possession of falsified documents is not a crime,” he said.

Moreover, the respondent said that he was dismissed from government service on Sept. 25, 2007 and was no longer connected with any government entity.

In his decision, Mernardo said with the allegation of the respondent that he was no longer connected with government entity he requested for a certification.

“Per certification issued by the Head Administrative Division of the Office of the City Assessor of Cebu City, Antonio Abellana, respondent Po was dismissed from the service as of August 31, 2007,” the document read.  (FREEMAN)