By: Ambrosio R. Villorente
“The above – entitled cases are hereby dismissed”. This is a simple decision of the Office of the Ombudsman (Visayas) on the consolidated cases Mr. Renato T. Albar filed with Ombudsman (Visayas) against Engr, Avelino M. Domingo, Jr., Engr. Lydio I. Ureta, Mr. Noriel Resulta, Engr. Vicente D. Ong III, Mr. Napoleon De Tomas and Mr. Jess Resulta.
Mr. Albar brought the complaints by virtue of Resolution No. 066-B,S. 2003 of the Board of Directors, Metro Kalibo Water District. The resolution is dated October 17, 2003, granting Mr. Albar the authority to file the said complaints.
Albar in the complaint: OMB-V-C-04-0012-A charged Engr. Lydio I. Ureta, Division Manager, MKWD of violation of Sec. 3 (e) of R.A. No. 3019 or the Anti – graft and Corrupt Practices Act and for violation of Sec. 7 (b) (2) of R.A. no. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
In another complaint: OMB-V-C-04-0032-A, Albar charged Engr. Avelino Domingo, Jr. Engr. Lydio I. Ureta, Noriel Resulta, Engr. Vicente Ong III, Mr. Vicente De Tomas and Mr. Jess Resulta of violating Sec. 31 (c) & (d) of PD 198.
Albar, as authorized by the Board of Directors of the MKWD “contended that Engr. Avelino Domingo, Jr. gravely abused his authority as then General Manager of MKWD and completely disregarded MKWD Resolution No. 33, S. of 1998…with vested interest as sanitary engineer, in having allowed SHJ Development Corporation to proceed with the construction of water system without a permit from MKWD and the payment of corresponding fees; that…Domingo conspired with Engr. Lydio I. Ureta, Napoleon de Tomas, Noriel Resulta and Jess Resulta, to make it appear that the said Napoleon de Tomas…were personnel of MKWD and to engage themselves as the private contractors in the pipe laying activities…, that Engr. Avelino Domingo Jr. and Engr. Lydio I. Ureta oversaw and supervised said pipe laying activities and made their billings and reports using the facilities of MKWD.”
Albar alleged that Domingo and Ureta “gravely” abused their office when they obtained tapping tools and materials of MKWD without any requisition slip from the supply department and used them to tap the water system of MKWD for the distribution lines” of a subdivision.
In his counter affidavit, Domingo contended that his only participation was to recommend to the Board of Directors, MKWD for approval and that necessary requirements and specifications therefore were properly complied with in the supply of water requirements of SHJ Development Corporation, developer of Villa Peraz Subdivision Kalibo, Aklan.
Domingo denied of having direct involvement or having conspired with Engr. Lydio I. Ureta and Napoleon de Tomas in the construction of the water system of SHJ Development Corporation. As to his practicing his profession as Sanitary Engineer without permission from the Civil Service Commission and the
Board Directors, MKWD, Domingo exhibited Resolution No. 13-5-1944 of the MKWD Board which granted him permission to practice.
Engr. Lydio I. Ureta, in his counter affidavit filed with the ombudsman, denied all of Albar’s allegations. Likewise, Noriel Resulta denied strongly all imputations Albar made against him. Engr. Vicente Ong III also denied the accusations against him…, pointed out that complaint does not impute any criminal liability or illegal acts against him.
Napoleon de Tomas denied any wrong “doing in the alleged illegal tapping and interconnection of Villa Peraz Subdivision water system with the pipeline of MKWD.
After critical consideration of the complaints, evaluation of the counter affidavits and other documents presented, the Ombudsman Visayas concluded that:
1. They are inclined to believe respondents’ (Avelino Domingo Jr., Lydio I. Ureta, Noriel Resulta, Vicente Ong III, Napoleon de Tomas and Jess Resulta) contentions that the alleged illegal tapping was but a temporary interconnection installed for flushing and hydro-testing as part of the standard procedure prior to the turn over of the subdivision’s water system to the MKWD;
2. P.D. No. 198 alleged to have been violated by the respondents does not provide for any penal sanction. At best, violation of the provisions of said law may only be the subject of administrative action; and
3. Respondent Avelino Domingo Jr. has sufficiently shown that he possessed the required authority to engage in the private practice of his profession as Sanitary Engineer.
In the case of Lydio Ureta, the Ombudsman concluded, “there is no sufficient showing he engaged in private practice of his profession…His participation in the construction of the subdivision’s water system is presumed done in connection with his official functions.”
Therefore “the above entitled cases are hereby dismissed for lack of probable cause” by the Ombudsman (Visayas).
The decision is signed by Samuel S. Malazarte, Edgardo G. Canton and Primo C. Micro, Deputy Ombudsman for the Visayas. The decision was resolved on August 31, 2005.
Asked how he feels of the decision, Engr. Avelino Domingo Jr. answered, “I am happy, relieved and vindicated.” His lawyer is now preparing a damage suit against Mr. Renato Albar, General Manager of MKWD and the officers and members of the Board of Directors, MKWD. /MP mailto:madyaas_pen@yahoo.com
“The above – entitled cases are hereby dismissed”. This is a simple decision of the Office of the Ombudsman (Visayas) on the consolidated cases Mr. Renato T. Albar filed with Ombudsman (Visayas) against Engr, Avelino M. Domingo, Jr., Engr. Lydio I. Ureta, Mr. Noriel Resulta, Engr. Vicente D. Ong III, Mr. Napoleon De Tomas and Mr. Jess Resulta.
Mr. Albar brought the complaints by virtue of Resolution No. 066-B,S. 2003 of the Board of Directors, Metro Kalibo Water District. The resolution is dated October 17, 2003, granting Mr. Albar the authority to file the said complaints.
Albar in the complaint: OMB-V-C-04-0012-A charged Engr. Lydio I. Ureta, Division Manager, MKWD of violation of Sec. 3 (e) of R.A. No. 3019 or the Anti – graft and Corrupt Practices Act and for violation of Sec. 7 (b) (2) of R.A. no. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
In another complaint: OMB-V-C-04-0032-A, Albar charged Engr. Avelino Domingo, Jr. Engr. Lydio I. Ureta, Noriel Resulta, Engr. Vicente Ong III, Mr. Vicente De Tomas and Mr. Jess Resulta of violating Sec. 31 (c) & (d) of PD 198.
Albar, as authorized by the Board of Directors of the MKWD “contended that Engr. Avelino Domingo, Jr. gravely abused his authority as then General Manager of MKWD and completely disregarded MKWD Resolution No. 33, S. of 1998…with vested interest as sanitary engineer, in having allowed SHJ Development Corporation to proceed with the construction of water system without a permit from MKWD and the payment of corresponding fees; that…Domingo conspired with Engr. Lydio I. Ureta, Napoleon de Tomas, Noriel Resulta and Jess Resulta, to make it appear that the said Napoleon de Tomas…were personnel of MKWD and to engage themselves as the private contractors in the pipe laying activities…, that Engr. Avelino Domingo Jr. and Engr. Lydio I. Ureta oversaw and supervised said pipe laying activities and made their billings and reports using the facilities of MKWD.”
Albar alleged that Domingo and Ureta “gravely” abused their office when they obtained tapping tools and materials of MKWD without any requisition slip from the supply department and used them to tap the water system of MKWD for the distribution lines” of a subdivision.
In his counter affidavit, Domingo contended that his only participation was to recommend to the Board of Directors, MKWD for approval and that necessary requirements and specifications therefore were properly complied with in the supply of water requirements of SHJ Development Corporation, developer of Villa Peraz Subdivision Kalibo, Aklan.
Domingo denied of having direct involvement or having conspired with Engr. Lydio I. Ureta and Napoleon de Tomas in the construction of the water system of SHJ Development Corporation. As to his practicing his profession as Sanitary Engineer without permission from the Civil Service Commission and the
Board Directors, MKWD, Domingo exhibited Resolution No. 13-5-1944 of the MKWD Board which granted him permission to practice.
Engr. Lydio I. Ureta, in his counter affidavit filed with the ombudsman, denied all of Albar’s allegations. Likewise, Noriel Resulta denied strongly all imputations Albar made against him. Engr. Vicente Ong III also denied the accusations against him…, pointed out that complaint does not impute any criminal liability or illegal acts against him.
Napoleon de Tomas denied any wrong “doing in the alleged illegal tapping and interconnection of Villa Peraz Subdivision water system with the pipeline of MKWD.
After critical consideration of the complaints, evaluation of the counter affidavits and other documents presented, the Ombudsman Visayas concluded that:
1. They are inclined to believe respondents’ (Avelino Domingo Jr., Lydio I. Ureta, Noriel Resulta, Vicente Ong III, Napoleon de Tomas and Jess Resulta) contentions that the alleged illegal tapping was but a temporary interconnection installed for flushing and hydro-testing as part of the standard procedure prior to the turn over of the subdivision’s water system to the MKWD;
2. P.D. No. 198 alleged to have been violated by the respondents does not provide for any penal sanction. At best, violation of the provisions of said law may only be the subject of administrative action; and
3. Respondent Avelino Domingo Jr. has sufficiently shown that he possessed the required authority to engage in the private practice of his profession as Sanitary Engineer.
In the case of Lydio Ureta, the Ombudsman concluded, “there is no sufficient showing he engaged in private practice of his profession…His participation in the construction of the subdivision’s water system is presumed done in connection with his official functions.”
Therefore “the above entitled cases are hereby dismissed for lack of probable cause” by the Ombudsman (Visayas).
The decision is signed by Samuel S. Malazarte, Edgardo G. Canton and Primo C. Micro, Deputy Ombudsman for the Visayas. The decision was resolved on August 31, 2005.
Asked how he feels of the decision, Engr. Avelino Domingo Jr. answered, “I am happy, relieved and vindicated.” His lawyer is now preparing a damage suit against Mr. Renato Albar, General Manager of MKWD and the officers and members of the Board of Directors, MKWD. /MP mailto:madyaas_pen@yahoo.com
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