Ombudsman clears Gemma of graft raps

Tourism Secretary Gemma Cruz-Araneta was cleared yesterday by the Office of the Ombudsman of administrative charges filed by a subordinate for her alleged unlawful creation of a task force to monitor constructions on the 400-year-old historic walls in Intramuros, Manila.

Ombudsman Aniano Desierto said they junked the complaint filed by Intramuros Administration administrator Dominador Ferrer on the basis that Araneta, being the alter ego of the President, has the authority to reverse or modify her staff’s decisions.

"Being the chairperson of the Board of Administrators, the governing body of the IA, the respondent (Araneta) was well within her rights to organize the task force in question," the Ombudsman stated.

"Only the President can reverse or modify the questioned office order. Hence, the complainant (Ferrer) must raise or question the alleged office order to the President of the Philippines. The latter is in a best position to act on it," the nine-page Ombudsman decision read.

Ombudsman investigator Ma. Isabel Alcantara claimed there was likewise "no showing" on the part of Araneta that could make her administratively liable since the elements of "corruption such as clear intent to violate the law or flagrant disregard of established rules" were absent.

Ferrer’s grave misconduct charges stemmed from the Jan. 31 order of the Department of Tourism secretary which formed the Inter-Agency Inspection Task Force, which he said had "no basis in fact and in law."

He said Araneta’s power was only limited to providing policy directions, adding she has ‘no blanket authority" to perform this since this will still be subject to the approval and ratification of the Board of Administrators, a Dot attached agency in which Araneta sits as the chairperson.

But the Ombudsman claimed it was no less than Ferrer who admitted that the DOT chief, through Presidential Decree 1748, has the power to create the inter-agency task force. "The issuance of the office order was done in the exercise of the respondent’s (Araneta) good judgment, prudence and circumspection in the performance of her official duties and responsibilities. It is in accord with law and was issued in the best interest of the service," the Ombudsman ruled.

Ferrer has a pending graft charge in the Ombudsman filed by conservationists Anna Marie Harper and Esperanza Gatbonton after he allegedly allowed the construction of cafeterias in Intramuros such as Mas Y Mas, Pancake House, Starbucks and Tamayo’s.