Ombud clears worker ‘compelled by circumstances’ to lie

CEBU, Philippines - Finding no substantial evidence, the Office of the Ombudsman-Visayas has dismissed an administrative case for dishonesty filed against a Cebu City Hall employee.

Graft Investigation and Prosecution Officer Irish Inabangan Amores said metro aide Roy Laude is not guilty of the offense he is being charged with.

Laude had executed an affidavit of loss when in reality his identification card/ATM card was kept by someone he owed money from.

The anti-graft office, though, did not find him culpable for dishonesty.

“From the established facts, it appears that respondent was compelled by circumstances to execute an affidavit of loss after he badly needed the same for the re-issuance of his employee Identification Card, which was refused to be returned by complainant after he surrendered the same as a guarantee for his loan,” the decision reads.

In her complaint, Jean Duran said that in Sept. 2011, Laude initially borrowed P15,000 from her and offered his Landbank eCard, which also serves as City Hall ID, as collateral.

On Sept. 17, 2011, she said Laude obtained an additional loan of P1,000.

However, Laude executed an affidavit of loss five days later declaring that his ATM card was lost. With that, she said respondent committed dishonesty because his ATM card/City Hall ID was in fact in her possession.

In his counter-affidavit, respondent said that his transaction with the complainant was personal in nature and has nothing to do with his work.

He said he obtained a P3,000 loan from respondent in Aug. 2011.

Sometime in Sept. 2011, he said he requested complainant to return his City hall ID because they were required to wear it during office hours.

Laude said Duran did not heed his request.

The Ombudsman said that “afraid of being suspended or terminated from employment, respondent claimed that he, in good faith, secured an affidavit of loss so that he will be able to secure a new, City Hall ID Card.”

Laude said he has no intention of running away his obligation to complainant; he even promised to really pay his loan during a hearing at the City LegalOffice.

Duran, though, refused to settle with him and instead brought their differences to the Ombudsman.

In ruling for Laude, Amores said the metro aide did not defraud Duran in executing an affidavit stating he lost his government ID. (FREEMAN)