Cebu ABC board execs suspended for 6 months

CEBU — The Office of the Ombudsman has suspended for six months the board members of the Association of Barangay Council (ABC) after they were found guilty of two separate administrative charges of oppression.

In a consolidated decision, the Ombudsman suspended ABC president Eugenio Faelnar, vice president Sisinio Andales, secretary Fortunato Parawan, treasurer Daido Abcede Sr. and board members Michael Ocleasa Sr., Michael Ralota, Nemesio Pagador Jr., Licerio Jaca, Nilo Tariman and Jerry Guardo.

The Ombudsman said the respondents committed administrative infraction when they refused to pay P4,300 to former ABC barangay project engineer Leah Rondez as reimbursement of diesel fuel expenses before her services were curtailed by incumbent officers and board members.

The respondents also reportedly committed the same infraction when they denied Rondez’s claim of her terminal leave pay and other benefits amounting to P122,480 which she was entitled to by virtue of her employment with the city government under the office of the ABC.

Graft investigation officer Pio Dargantes also recommended the filing in court of an information on the criminal aspect of the case against the respondents for violation of the Anti-Graft and Corrupt Practices Act.

Ombudsman director Edgardo Canton and Deputy Ombudsman for the Visayas Primo Miro approved Dargantes’ findings.

But the anti-graft office cleared from charges Civil Service Commission (CSC) regional director Tomas Ramos and ABC administrative officer Tessa Cang for insufficient evidence.

Ramos was originally included in the complaint for rendering an opinion that ABC-appointed employees are not entitled to regular leave benefits and basic allowances.

But the Ombudsman said that nothing in the records of the case would show that Ramos’ opinion ran counter to CSC rules and that the mere act of rendering an opinion on the security of tenure of casual employees is not by itself an administrative or criminal infraction.

Cang was cleared from administrative liability because she only acted upon Faelnar’s directive to sign the order terminating Rondez’s services.

ABC auditor Lorenzo Basamot was also spared from charges because he did not sign the ABC resolution seeking the disapproval of Rondez’s fuel refund.

The suspended ABC officers and board members have 10 days to file a motion for reconsideration of the Ombudsman’s decision.

The ABC passed a resolution dated Feb. 7, 2003 that sought the disapproval of Rondez’s fuel refund because the transaction reportedly transpired during the previous administration of the ABC.

Likewise, the previous ABC administration reportedly had ample time to reimburse the fuel refund.

Rondez was appointed barangay project engineer from September to Dec. 31, 2002 during the term of former ABC president Jose Navarro.

The appointment, reportedly renewable every six months, was approved by then mayor Alvin Garcia and was duly noted by the CSC.

But her employment was terminated when the new board of directors assumed office.

On Rondez’s termination, the ABC officials earlier explained that it could not be labeled as grave abuse of authority, oppression and grave misconduct because as newly installed ABC officials that time, they should be given the leeway to choose their own staff for them to effectively perform their functions.

They, however, were silent on allegations that they deprived Rondez of her terminal leave pay and other benefits. No evidence was adduced to controvert this claim. — Freeman News Service