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Wednesday, March 24, 2004
Faelnar, 10 other bry. chiefs suspended, face crime charges By KARLON N. RAMA Sun.Star Staff Reporter
THE Office of the Ombudsman-Visayas wants Cebu City Councilor Eugenio “Jingjing” Faelnar and 10 other barangay captains, two of them lawyers, charged in court for violations of the Anti-Graft and Corrupt Practices.
Faelnar, an ex-officio council member by virtue of his being head of the Association of Barangay Councils (ABC), will be charged together with fellow officers for allegedly withholding the benefits of an employee whom they dismissed.
They also allegedly refused to refund her valid gasoline expenses.
Faelnar will be suspended for six months together with lawyer Sisinio Andales, Daido Abcede Sr., lawyer Fortunato Parawan, Lorenzo Basamot, Michael Ocleasa Sr., Michael Ralota, Nemesio Pagador Jr., Licerio Jaca, Nilo Tariman and Jerry Guardo.
The officials compose the ABC board and were charged together with ABC administrative officer Tessa Cang and Civil Service Commission (CSC) 7 Director Tomas Ramos. Cang and Ramos were, however, exonerated.
The ABC officials allegedly withheld the benefits of engineer Leah Rondez, whom they had fired in 2002. They also allegedly refused to refund her valid gasoline expenses as ABC project engineer since 1993.
According to the anti-graft office, the ABC owed a total of P122,480 in benefits and P4,300 in gasoline reimbursement to Rondez, who was an appointee of former ABC president Jose Navarro, with the concurrence of then mayor Alvin Garcia.
Faelnar, in an interview yesterday afternoon, said he and his fellow ABC officials will file a motion for reconsideration against the order but was unable to give details as their lawyer is not yet here.
In a separate interview, ABC lawyer Raul Bitoon said they will “definitely file a motion for reconsideration.”
He argued that the ABC has no outstanding obligations with Rondez, being a casual employee, adding that whether Garcia confirmed her appointment “amounts to nothing” because the appointment wasn’t made with the CSC’s concurrence.
“Employment with the ABC is not even considered as government service,” he said.
Graft Investigator Pio Dargantes, who handled the case, found the ABC officials guilty of oppression misconduct and violations of the anti-graft law.
The first three months of the six-month suspension, as well as the first criminal count, will be for the respondents’ refusal to hand over the accrued benefits, while the remaining three months, together with the second count, will be for their refusal to reimburse the gasoline expense.
Dargantes, in his resolution, said that while the ABC had the authority to terminate Rondez’s employment with the council, her being a casual employee, the ABC had obligations to remunerate her for accrued leave credits, cash gifts, representation allowances and productivity bonus being an employee of the City Government.
“Being exalted by the public through the ballot, respondent ABC officials are looked upon as fathers of their respective barangays. Under this context, they should exude compassion upon complainant who is to join the multitude of the unemployed,” he said.
In her complaint, Rondez said that she began working with the ABC in September 1993. Her appointment, she said, was renewable every six months and approved by then mayor Garcia and the CSC.
However, upon the assumption of the new council to office, her employment was terminated. With RHM
(March 24, 2004 issue)
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