Wednesday, August 31, 2011

Ombudsman Indicts LTFRB Exec


by Florence F. Hibionada, PNS


The Office of the Ombudsman in the Visayas has recommended the filing of graft charges against a top official and an employee of the Land Transporation Franchising and Regulatory Board (LTFRB) Regional Office (RO) 6.


The indictment came in the wake of Ombudsman action on pending cases up for Resolution and Decision.


Docketed as OMB-V-C—09-0236-H, the anti-graft body established probable cause against then LTFRB RO 6 Acting Transportation Development Officer Romel Duron and Casual Employee Henry Mamon.


As such, Graft Investigation and Prosecution Officer II Maria Corazon Vergara Naraja resolved to have "appropriate information" filed in the proper Court.


Assistant Ombudsman Virginia Palanca Santiago reviewed the 9-paged Resolution with Deputy Ombudsman for the Visayas Pelagio Apostol recommending the approval.
By the time final approval was reached, Deputy Ombudsman for Luzon Mark Jalandoni sealed the Resolution as per earlier authority the Ombudsman higher-ups granted.


The case against Duron and Mamon stemmed from the March 2009 transaction of businessman Antonio Caram Jr. with the LTFRB.


Caram, the Ombudsman validated, applied for a franchise to operate a public utility taxi. His application was aided by Mamon who facilitated a personal meeting with Duron. 


In the course of the transaction, Caram Jr. was apparently asked and paid a P35,000 franchise fee that in reality, was only P810.00.


The Ombudsman in April 2010 issued an Order to said LTFRFB respondents to submit counter-affidavits and countervailing evidence. 


In sum, the duo denied allegations. They said, the charges were "product of conspiracy among taxi operators" to pin down respondent Duron. This, he told anti-graft probers, was due to the taxi operator’s refusal to comply with an office Circular on the installation of taxi meter issuing receipt.


Further down the investigation in August 2010, Duron presented to the Ombudsman an Affidavit of Desistance from Caram Jr. saying there was a third person involved.  In fact, the Ombudsman was told, it was "a certain Francis who intervened and facilitated (Caram’s) application."


According to Caram, the Php 35,000 which he prepared were all spent by Francis and that this person is not a cohort of DURON and MAMON. Excerpts of the case discussion went adding that Caram as the original complainant was then manifesting "his desire to drop the cases he filed against DURON and MAMON" before the Ombudsman and the Civil Service Commission (CSC).


For the Office of the Ombudsman though, Caram’s change of mind and Affidavit of Desistance "cannot be given credence….."


"An Affidavit of Desistance or recantation is, as a rule, viewed with suspicion and reservation because it can easily be secured from an ignorant witness usually through intimidation or for monetary consideration," the Ombudsman Resolution went.  "What is more suspect is the fact that it was respondent DURON and not the complainant who filed the said Affidavit before this Office. Thus, complainant himself did not manifest before this Office the intent to retract his Complaint-Affidavit."


As for the two respondents, the Ombudsman Resolution was clear. "..there is sufficent evidence showing the respondents DURON and MAMON in conspiracy with each other, directly or indirectly requested and received from the complainant the amount of Php 35,000 in consideration for the help to be extended by the respondents particulary by DURON in securing the approval of Caram’s application for a franchise to operate a taxi unit. Such amount is manifestly excessive compared to the franchise fee of only Php 810.00," the Resolution went. "Wherefore, finding probable cause against respondents Romel D. Duron and Henry A. Mamon for violation of Section 3 © of RA 3019 as amended, let the appropriate information be filed in the proper Court."
Duron has since been relieved of his post in LTFRB RO 6 with current assignment reportedly at the national office. No confirmation was available though on Mamon. 
Ombudsman Suspends 2 Negros Execs.


Two collection officers in Negros Occidental were slapped with administrative penalties and ordered suspended from respective posts without pay.


This, as the Office of the Ombudsman in the Visayas resolved the earlier charges as filed over the discovery of cash shortages in their respective localities.


Docketed as OMB-V-A-09-0037-B, Norman Uytiepo, Revenue Collection Officer II of Escalante City Treasurer’s Office was found guilty of less serious dishonesty. As such, Uytiepo whose salary grade is 7, was meted a "medium penalty" of eight months suspension from the service without pay.


The amount involved as per cash examination by the Commission On  Audit (COA) and corresponding validation by Ombudsman probers was P110,240.54. Uytiepo has since restituted and refunded the said amount alongside a 30-day suspension also ordered by Escalante Mayor Melecio Yap Jr.


As far as the Ombudsman is concerned, restitution has neither cured the crime nor was the 30-day suspension commensurate to the violation committed.


Uytiepo in his defense told Ombudsman investigators that his action "was due to his financial problems as he is the sole breadwinner of his family….had a hard time providing for the needs of his family thus making him susceptible to temptation."


And with the administrative sanction of 30-day suspension also handed down by the mayor, the matter should be over and done with. The Ombudsman dis-agreed and proceeded with its own Decision.


"The sole issue to be resolved is whether substantial evidence exists against respondent to warrant a finding of guilt for an administrative offence," excerpts of the 8-paged Ombudsman Decision went. "Verily, the evidence at hand supports a finding of guilt for Less Serious Dishonesty."


Shigried Sanoy, Local Revenue Collection Officer II with salary grade 15 of the Provincial Treasurer’s Office, Province of Negros Occidental has a similar case.


With cash shortage of P135,885.76, Sanoy was found guilty for simple misconduct and suspended for three months and one day without pay. 


This, alongside a "stern warning that a repetition of the same or similar acts in the future shall be dealt with more severely."


The Ombudsman summons Sanoy and directed her to submit counter-affidavit and countervailing evidences. However, none was heard with the mail returned to the Ombudsman bearing a note that respondent was "AWOL-MOVED OUT."


"Unmistakably, the facts and evidence on record established that respondent committed Malversation…malversation is inherently a form of misconduct by a public official," the Ombudsman Decision went.  


Docketed as OMB-V-A-09-0363-K, Graft Investigation and Pro-secution Officer I Amy Rose Soler-Rellin penned the Decision which Assistant Ombudsman Virginia Palanca Santiago reviewed. Deputy Ombudsman for the Visayas Pelagio Apostol recommended for approval with then Acting Ombudsman Orlando Casimiro approving the Decision. /MP

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