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Palace affirms dismissal of NBI, Land Bank execs for gross negligence

- Mike Frialde -
Malacañang has affirmed a recommendation by the Presidential Anti-Graft Commission (PAGC) to dismiss a regional director of the National Bureau of Investigation (NBI) and a top executive of the Land Bank of the Philippines for graft.

Ordered dismissed based on the PAGC’s recommendations were NBI regional director Carlos Saunar and Land Bank Realty Development Corp. president and general manager Edward Fereira.

In a press statement, PAGC Commissioner Jaime Jacob said Saunar and Fereira were dismissed for having acted in gross negligence of their duties as public officers, resulting in undue injury against the government.

Saunar’s offenses constitute the violation of Executive Order 292 (Section 22 B, Rule XIV of the Omnibus Rules Implementing Book V), the Anti-Graft and Corrupt Practices Act (Republic Act 3019) and the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713). Fereira’s dismissal, on the other hand, was in violation of RA 3019 and RA 6713.

The dismissal orders to Saunar and Fereira were upheld and signed by Executive Secretary Eduardo Ermita by authority of President Arroyo last Jan. 18 and 19, respectively.

Saunar had failed to report for work for more than one year — from March 24, 2005 to May 2006 — without any approved leave of absence at the office of the Deputy Director for Regional Operations Services (DDROS) after he was relieved of his duties as regional director for Western Mindanao Regional Office (WEMRO). However, records showed that he continued to receive salary without rendering any government service during the period.

PAGC did not give merit to Saunar’s arguments that no specific or definite work was assigned to him at the time that he was relieved from WEMRO, and that there is no work for regional directors at the ODDROS; he did not report for work to avoid public ridicule being seen on the premises of the NBI doing nothing; and he just stayed at nearby establishments accessible to ODDROS.

Saunar also justified that he made court appearances and reviewed past investigation cases, although he failed to show certificates of appearance to support his claim.

Saunar was the 23rd witness of the defense panel in the plunder trial of deposed President Joseph Estrada at the Sandiganbayan.

Saunar, a lawyer and accountant, testified before the anti-graft court in October 2004 that he conducted an investigation into the alleged involvement of Estrada and his son, now Sen. Jinggoy Estrada, in the alleged diversion of the tobacco excise tax share of Ilocos Sur as alleged by provincial Gov. Luis Singson.

In his testimony, Saunar told the court that there is not a single bank document or record to link the Estradas to the alleged anomaly. Saunar’s testimony, however, was dismissed by Special Prosecutor Dennis Villa-Ignacio, who described him as a biased witness.

Meanwhile, the Supreme Court dismissed for utter lack of merit the disbarment case filed by losing 2004 presidential candidate Ely Velez Pamatong against former chief justice Hilario Davide Jr., for "utter lack of merit."

In a five-page en banc resolution penned by Associate Justice Cancio Garcia, the High Court also junked Pamatong’s motion to cite in contempt Integrated Bar of the Philippines (IBP) commission on Bar discipline director Rogelio Vinluan.

The disbarment case against Davide was filed by Pamatong, representing the International Militia of People against Corruption and Terrorism, on Jan. 31 last year before the IBP citing as grounds, among others, the overthrow of jailed former president Estrada. — With Jose Rodel Clapano

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ANTI-GRAFT AND CORRUPT PRACTICES ACT

ASSOCIATE JUSTICE CANCIO GARCIA

CARLOS SAUNAR AND LAND BANK REALTY DEVELOPMENT CORP

CODE OF CONDUCT AND ETHICAL STANDARDS

COMMISSIONER JAIME JACOB

CORRUPTION AND TERRORISM

DEPUTY DIRECTOR

EDWARD FEREIRA

ELY VELEZ PAMATONG

SAUNAR

SAUNAR AND FEREIRA

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