Criminal rap vs. Lapu-Lapu worker urged

CEBU, Philippines - Although the Office of the Ombudsman-Visayas has found a former employee of Lapu-Lapu City Engineer’s Office guilty of serious dishonesty and meted the penalty of perpetual disqualification from public service, the employee’s problems aren’t over yet.

Graft investigator Llorene Grace Ompod has recommended the filing of a criminal complaint for estafa in the Lapu-Lapu City Prosecutor’s Office against construction and maintenance Alipio Augusto, Jr.

“Finding sufficient ground to engender a well-founded belief that respondent Alipio Augusto Jr. is probably guilty of violation of Article 315 (2) (a) of the Revised Penal Code, let the corresponding Information (charge sheet) be filed with the proper court,” resolution reads.

Ompod further said the failure to return the money amounting to P11,720 to Evan Chiu Tan had caused damages to her.

“As a result of respondent’s false pretenses and misrepresentations, complainant suffered damages as the promised approved building plan clearances and permit never materialized and the money she paid was never recovered,” he said.

Tan in her complaint said on August 17, 2009 respondent went to her office and introduced himself as a civil engineer of the Office of the City Engineer of Lapu-Lapu City.

She said respondent offered his services to draw a building plan for her proposed lodging house and subsequently demanded P11,720 for the plan, permit, and clearances.

Though respondent was able to deliver the building plan he promised but this was dishonored, according to Tan because Augusto is not an engineer.

Tan then demanded from Augusto the return of her money, with no luck.

In a resolution, Ompod cited three ways of committing estafa, namely, using a fictitious name, falsely pretending to possess power, and by means of other similar deceits which are all present in the complaint.

“A perusal of the evidence overwhelmingly shows that respondent misrepresented and falsely pretended, as an engineer, that he had the capacity to draw an approved building plan and facilitate the processing of the building permit and clearance for the complainant’s construction of the proposed lodging house business,” resolution reads.

Ompod said she resolved the complaint based on the complainant’s evidence after respondent failed to file his counter-affidavit. - THE FREEMAN