In a 25-page resolution, Ombudsman Merceditas Gutierrez also asked the Sandiganbayan to place Mayor Hadji Amer Sampiano and municipal treasurer Mamarinta Macabato under preventive suspension for alleged violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The case against the two officials stemmed from the complaint filed by Vice Mayor Edna Ogka Benito, who claimed that despite her repeated demands, Macabato, reportedly upon Sampiano’s orders, refused to release her salaries and benefits since she assumed the position as vice mayor on July 1, 2004.
Benito also asked the Ombudsman to declare null and void Resolution No. 25-A issued by the Balabagan municipal council and approved by Sampiano, which declared her alleged deliberate failure and refusal to report to work.
Benito said Macabato used the resolution as basis to forfeit her salaries and benefits under the principle of "no work, no pay."
In her complaint, Benito denied that she deliberately abandoned her post as alleged by the municipal council, saying she, in fact, has been holding office at her residence to avoid any confrontation with the camp of Sampiano, who incidentally is her relative and political opponent.
The Ombudsman learned that Sampiano’s running mate, Billy Jack Ogka, earlier had filed a case with the Commission on Elections questioning Benito’s election as vice mayor. The case is still pending with the Comelec’s first division.
Benito told the Office of the Ombudsman that she tried on several occasions to hold office at the municipal hall but was prevented from doing so by the supporters of Sampiano and Ogka.
In his counter-affidavit, Sampiano denied that he or his supporters prevented Benito from assuming her position as vice mayor in the municipal hall through force, threats or intimidation.
According to Sampiano, Benito willingly and voluntarily abandoned her office as a show of support for her brother and running mate Sumulong Sampiano Ogka, who ran for mayor but was defeated.
Sampiano added that Benito did not take part in all of the official transactions and activities of the municipal council, thus she was not entitled to any salary or benefits under the principle of "no work, no pay."
In a separate counter-affidavit, Macabato said he could not release Benito’s salaries since she did not submit the required vouchers or payroll and other supporting documents.
The Office of the Ombudsman, however, ruled that Macabato and Sampiano’s explanations did not deserve any consideration, saying it was clear that their refusal to release Benito’s salaries and benefits was motivated by bad faith and partiality.
The Ombudsman added that doubts on the election victory of Benito as Balabagan vice mayor do not constitute a sufficient ground to deny the payment of her salaries.