Negros mayor cleared, 5 face suspension in anomalous project

BACOLOD CITY, Philippines – The Office of the Ombudsman has dismissed the administrative complaint against the mayor of Valladolid, Negros Occidental but recommended the suspension of five officials who comprised the town’s Bids and Awards Committee (BAC) for a project that was allegedly irregularly implemented in 2008.

In an 18-page decision, a copy of which was obtained by the media, Ombudsman Conchita Carpio-Morales dismissed the case against Valladolid Mayor Rommel Yogore for being moot and academic, citing the Aguinaldo Doctrine.

Under the Aguinaldo Doctrine, any administrative case filed against a public official during his previous term is rendered moot after the official’s reelection.

The decision was recommended by Deputy Ombudsman for the Visayas Pelagio Apostol and approved by Morales last Feb. 25.

The case stemmed from a complaint filed by broadcaster Larry Concepcion against Yogore, the five BAC members and Jonie Nieve, proprietor of JB Nieve Hardware and Construction Supply, over the repair and improvement of a rural health unit funded with a P250,000 grant from the Department of Health on Dec. 16, 2008.

The project was implemented without any public bidding, Concepcion alleged.

The ombudsman has recommended to the Department of the Interior and Local Government the suspension of the five BAC members for three months without pay for simple misconduct.

Facing suspension are municipal agriculturist Giovanni Robles and municipal engineer Joseph Alfonso Manayon, BAC chairman and vice chairman, respectively; and municipal registrar Ernesto Genobis, cashier Daisy Galve, and accounting clerk Merlene Magbanua, BAC members.

The ombudsman also approved the filing of graft charges against Nieve. It dismissed though the complaint against municipal accountant Cherryl Aguirre, municipal treasurer Lilian Española, and executive assistant Arnaldo Virgo for lack of substantial evidence.

The ombudsman said the repair and improvement of the rural health unit was done without any competitive bidding.