Ombudsman junks raps vs mayor, 4 other execs

BACOLOD CITY Philippines — The Office of the Ombudsman in the Visayas dismissed the criminal and  administrative charges against a town mayor and four municipal employees in Negros Occidental filed by the vice mayor and five councilors.

In the 12-page joint resolution, approved by Ombudsman Conchita Carpio Morales on February 14,2014 and a copy of which was furnished to the media only the other day, junked the charges on falsification of public documents, violation of Anti-Graft and Practices Act and dishonesty against the town officials for lack of merit.

The cleared accused were La Castellana Mayor Alberto Nicor Jr., Municipal Council Secretary Patricio Estoya Jr., Municipal Treasurer Jacinto Potato, Municipal Accountant Joelette Borromeo, and Municipal Budget Officer Joselita Ordaniel.    

The accusers were La Castellana Vice Mayor Felix Feria IV and Councilors Remuel Lajo, Felipe Tan Jr., Felipe Elumba, Rudy Torres and Guillermo Arroz.

The complaint stemmed from the alleged irregularity on the ordinance appropriating P3.8 million as cash gifts of the municipal employees, that was signed by Nicor on December 31, 2012, and was forwarded to Feria for his signature.

The complainants, however, alleged that there was no special session held on that day, hence, the minutes prepared and duly certified as correct by respondent was a falsified document.

The respondents allegedly made it appear that there was sufficient money for the municipal government to fund the grant of cash gifts to employees by issuing statement of supplemental appropriation, certificate of availability of funds and statement of funding sources to support the availability of funds and justify the passage of the appropriation ordinance.

The mayor, in his counter-affidavit, argued that he verified the sources of funds first with the Municipal Budget Office, which in turn declared there was a 2011 surplus amounting to P6,204,408.65, enough to cover the P3,867,770.76 amount needed for the employees’ cash gifts.

Nicor contended that the complainants did not sign the minutes of the special session on December 31, 2012, even if they were present in that session.

The mayor further alleged that the complaint lodged against him was politically-motivated, saying that “the sudden turnaround of the complainants was the reason why the latter refused to sign the minutes ... and did not question their cash gifts when they claimed them.” The appropriation for cash gifts was the issue discussed in the special session, said Nicor.

The Ombudsman, in dismissing the charges, declared: “The fact that respondent Nicor signed the appropriation ordinance, which was passed during the special session, ahead of complainant Feria doesn’t make the document as falsified even if this practice may not be proper. ... and does not affect the veracity of the document.”

The Ombudsman said it must be proven that the public officer or employee had taken advantage of his official position in making the falsification. “There was no evidence showing that the passing of appropriation ordinance constitutes a criminal act,” thus there was no violation of the Anti-Graft and Corrupt Practices Act. (FREEMAN)