Ppanga mayor decries 1-month suspension
November 21, 2003 | 12:00am
The woman mayor of a Pampanga town accused a deputy ombudsman yesterday of violating her rights to due process when she was suspended for one month last month over an administrative offense involving non-delivery of rice for which she has not been charged.
Mayor Normita Evangelista of Candaba town said Deputy Ombudsman for Luzon Victor Fernandez should reconsider the sanction.
"A finding of guilt for an offense, no matter how light, for which one is not properly charged and heard, is violative of the rudimentary requirements of due process," she said.
Evangelista said that while the Ombudsman has cleared her of charges of gross misconduct and serious dishonesty, she was sanctioned for a "lesser offense of conduct prejudicial to the best interest of the service."
In her 12-page motion for reconsideration, Evangelista argued that the Ombudsmans ruling was "null and void" from the very beginning and that it should never be implemented considering that "it is devoid of legal force and effect."
Evangelista was charged in August 2002 after 200 of 500 sacks of rice from the National Food Authority (NFA), supposed to be delivered to Candaba town, found their way to Bocaue, Bulacan.
She, however, said the rice cargo had to pass through Bocaue because there were many flooded areas along the way.
"The decision, apart from being speculative, was anchored on statements of witnesses which did not deserve evidentiary weight as they were hearsay," she said.
For one, she was referring to the testimony of the driver of the delivery truck who, she alleged, was "planted" by her detractors.
Evangelista said her suspension was "detrimental" not only to her but to her constituents and to public service in general.
She said she was just trying to help her constituents who suffered from floods spawned by typhoons "Gloria," "Hambalos" and "Juan."
Mayor Normita Evangelista of Candaba town said Deputy Ombudsman for Luzon Victor Fernandez should reconsider the sanction.
"A finding of guilt for an offense, no matter how light, for which one is not properly charged and heard, is violative of the rudimentary requirements of due process," she said.
Evangelista said that while the Ombudsman has cleared her of charges of gross misconduct and serious dishonesty, she was sanctioned for a "lesser offense of conduct prejudicial to the best interest of the service."
In her 12-page motion for reconsideration, Evangelista argued that the Ombudsmans ruling was "null and void" from the very beginning and that it should never be implemented considering that "it is devoid of legal force and effect."
Evangelista was charged in August 2002 after 200 of 500 sacks of rice from the National Food Authority (NFA), supposed to be delivered to Candaba town, found their way to Bocaue, Bulacan.
She, however, said the rice cargo had to pass through Bocaue because there were many flooded areas along the way.
"The decision, apart from being speculative, was anchored on statements of witnesses which did not deserve evidentiary weight as they were hearsay," she said.
For one, she was referring to the testimony of the driver of the delivery truck who, she alleged, was "planted" by her detractors.
Evangelista said her suspension was "detrimental" not only to her but to her constituents and to public service in general.
She said she was just trying to help her constituents who suffered from floods spawned by typhoons "Gloria," "Hambalos" and "Juan."
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