Ombudsman clears prosecutor from AWOL

A prosecutor accused of being absent without leave for 60 days has been cleared and reinstated by the Office of the Ombudsman.

The Internal Affairs Board has dismissed the criminal and administrative charges against Special Prosecutor II Luz Quinones -Marcos filed by Special Prosecutor Dennis Villa-Ignacio.

In a nine-page order approved by Ombudsman Ma. Merceditas Gutierrez, the IAB granted Marcos’s motion for the anti-graft agency to reconsider its decision finding her guilty of dishonesty, conduct prejudicial to the best interest of service, and falsification of public documents.

Villa-Ignacio had accused Marcos of deliberately and repeatedly failing to report in the corresponding Certificates of Service her absences without leave from January 2003 to May 2004.

Marcos incurred a total of 128 days of absences, 58 of which were allegedly unauthorized or did not have necessary applications filed and approved, according to Villa-Ignacio.

In a resolution on March 2005, the Office of the Ombudsman found Marcos guilty on both charges based on the Prosecutors’ Attendance Sheet presented by Villa-Ignacio.

Marcos appealed the resolution and questioned the admissibility of the document as evidence since its author was unknown.

In upholding the argument of Marcos, the IAB said the attendance sheet could not be admitted as evidence since it is considered “merely hearsay” under the law.

“While the decision and the resolution took into account the regularity of other personnel in the workplace in checking the attendance of lawyers, directors, higher officials and even presidential appointees, sadly it fell short of passing upon the issue of admissibility of the Prosecutors Attendance Sheet weighed against the hearsay rule,” according to the IAB headed by Overall Deputy Ombudsman Orlando Casimiro.

After dismissing the charges against Marcos for lack of probable cause and insufficiency of evidence, the Office of the Ombudsman ordered her reinstated to her position without loss of seniority rights. –  Edu Punay