Ombudsman clears Balamban assessor, staff from charges

CEBU, Philippines - The Office of the Ombudsman-Visayas dismissed for lack of merit the criminal charges for malversation of public funds and violation of the National Internal revenue Code against the Municipal Assessor of Balamban and one of her staff.

 Graft investigation and prosecution officer Mona Chica Gillamac recommended for the dismissal of the complaints against Municipal Assessor Tita Yray and assessment clerk Lucelle Agua after the complainant, Brendaly Espania, failed to present evidence that the respondents conspired with job order employee Shareebeth Fatima Melgar.

“As scrutinized, the complaint before us contains no material allegations on the specific act or acts committed by respondents Yray and Agua, in connection with their duties, either on their own, or in complicity with Melgar, showing the commission of the acts complained of,” the resolution reads.

Gillamac said the affidavit of the complainant only mentioned that she gave money to Melgar as payment for the Capital Gains Tax and Documentary Stamp Tax before the Bureau of Internal Revenue (BIR).

Gillamac noted that there was no mention of Yray and Agua.

In her complaint, Espania said that on January 1, 2009 she purchased a parcel of land containing 100 square meters in Nangka, Balamban from Milagros Completo.

Espania said Melgar offered to help process the payment of taxes at the BIR. The complainant said she gave P10,125 to Melgar.

Melgar thereafter handed to the complainant copies of the Capital Gains Tax Return and Documentary Stamp Tax Return with corresponding original copies of Official Receipts reflecting payments of only P2,700 and P675,respectively.

Melgar likewise gave complainant a new Tax Declaration under her name with a market value of P20,000.

However, Espania discovered that the alleged payment was not reflected in the  BIR’s Integrated Tax System.

Yray denied any involvement of the charges. She said she was “completely innocent of the charges…no dealings or transactions with the complainant.”

She likewise denied receiving money from the complainant. According to her, her signature was “innocently placed” in the tax declaration.

The anti-graft body said it cannot also conduct preliminary investigation against Melgar for being a job order employee. Gillamac said the Ombudsman has no jurisdiction over Melgar.

Under CSC Memorandum Circular No. 38 series of 1993, services rendered under contracts of services and job orders are not considered government services…no employer-employee relationship exists; and they are not covered by Civil Service Law,” Gillamac said.

Gillamac referred the complaint against Melgar before the Cebu Provincial Prosecutor’s Office for appropriate action. (FREEMAN)