Ombuds finds Negros Or. ex-poll official guilty of grave misconduct

CEBU CITY, Philippines  — The Office of the Ombudsman-Visayas found a former election supervisor of Negros Oriental province guilty of grave misconduct for demanding money from Edgar Teves, a candidate for congressman in the 2007 elections.

Graft investigator Portia Suson found sufficient evidence on the charges against lawyer Manuel Advincula, with penalty of forfeiture of all benefits from government service, perpetual disqualification to hold public office and cancellation of all civil service eligibilities.

The Office of the Ombudsman directed the chairman of the COMELEC in Intramuros, Manila to implement the decision of the case, and to submit a compliance report.

The case started on March 28, 2007 when Edgar filed a certificate of candidacy for the position of representative of the 3rd district of Negros Oriental before the office of Advincula.

Edgar, in his complaint, said Advincula called to inform that then Rep. Herminio Teves filed a petition to disqualify him in the congressional race. Edgar and Advincula eventually agreed to meet in a certain place to discuss the disqualification case and other election matters.

During the meeting, Advincula allegedly asked Edgar for P300,000 in exchange of settling the issue. Edgar narrated that he in turn gave P100,000 to Advincula, with the remaining balance to be given on staggered basis before the date of the election.

Edgar complained however that Advincula allegedly demanded from him the remaining balance prompting the candidate to call for help from the NBI-7, which in turn set the entrapment.

On May 14, 2007 Edgar, together with undercover NBI agent Jedidah Hife, went to Advincula’s office to deliver the P50,000 as demanded allegedly by the poll official. It was Hife who handed the paper bag containing the money and Edgar told Advincula to count it. The latter however refused to do so saying it was inappropriate because somebody (Hife) was with them. Minutes after, three or four NBI agents entered the office and arrested Advincula.

Advincula, in his answer to the charge, denied the allegations, saying that on May 14 he was busy preparing for the national and local elections and that Edgar went to his office only to inquire about poll watchers. The woman (Hife) who was with the candidate was carrying a paper bag and she placed it on the table.

Suson, in his findings on the case, ruled that thorough investigation on the matter showed sufficient evidence to charge Advincula. “Complainant (Edgar) has sufficiently substantiated his allegations that respondent (Advincula) indeed demanded P300,000 from him in exchange for the facilitation of the latter’s disqualification case and has received partial payment of the same,” Suson said.

She added the denial of Advincula could not overturn the positive testimony of the complainant and the NBI agent who witnessed the incident. —(FREEMAN)