Thursday, August 12, 2004 Ombud aid sought to block collector
A CRIMINAL and administrative complaint will be filed against missing collector Rebecca Mahusay today before the Office of the Ombudsman-Visayas.
Amid reports that she left the country last Monday, the Bureau of Immigration (BI) said no one by that name flew out through Mactan or the international airport in Manila.
But City Hall officials want to make sure.
Mahusay will be charged criminally with malversation of government funds, in violation of Article 18 of the Revised Penal Code, and administratively for violating the State Audit Code of the Philippines and other rules governing public employees.
“The filing of the complaint will be made for probable filing of an information in court,” said Acting City Attorney Evangeline Abatayo.
Mahusay has failed to remit at least P187,707.95 in miscellaneous fees and an unknown amount in collections covered by 98 missing official receipts.
Abatayo said they might not be able to get a hold-departure order against Mahusay because the ombudsman cannot issue one.
Watchlist
But with the filing of the complaint, City Hall can ask the anti-graft office to place Mahusay in the watchlist for fugitives.
Her photos will be seen in airports, terminals and other public places where she might be seen and identified.
Federico Mahusay Sr., Rebecca’s husband, earlier said she is set to go abroad on Aug. 15.
A GMA 7 report said that Mahusay left last Monday for New Zealand to join her sister. Federico told GMA 7 that their daughter called up his mobile phone last Tuesday and said that the collector has already left.
But the immigration regional office has no record of Mahusay’s departure, said Director Geronimo Rosas.
Rosas also checked the records of their central office in Manila.
No departure
He said they may use Mahusay’s picture that appeared in the newspapers in further checking travel documents of people who went abroad since June 2004.
The BI 7 based in Mandaue City is now online and can easily check records of departure from Manila, Rosas said.
“By law, only the court can issue a hold-departure order. However, the immigration bureau has an internal system that allows them to prevent the immediate departure of any individual because of any unfinished transaction or business,” said Ombudsman Director Virginia Santiago.
Santiago said City Attorney Abatayo called up the anti-graft office yesterday and, among others, sought help in trying to prevent Mahusay from leaving the country.
“We can help but not until we have jurisdiction over the case. It hasn’t been filed before us yet but I was made to understand that it will be filed tomorrow,” Santiago said in an interview yesterday.
Supervisors too
Cebu City Mayor Tomas Osmeña, Abatayo and City Legal Officer Rico Abellanosa will base their complaint on the investigation report submitted by Acting City Treasurer Tessie Camarillo on Mahusay’s accountabilities.
Osmeña also wants supervisors and the head of the License and Fees Division separately investigated.
“The supervisor might even be the mastermind. Anything goes, we should have an open mind,” he said.
Apart from the seven division chiefs, supervisors and liquidating officers, administrative officers at the City Treasurer’s Office were also ordered to explain why no disciplinary action should be taken against them for approving the leave of absence and daily time record of Mahusay, in spite of her failure to turn over all her accountabilities.
Explanations
Explanations were submitted yesterday by Cash Disbursement Division chief Sylvia Jakosalem, who approved Mahusay’s leave last May as acting administrative chief; acting assistant administrative chief Agapita Cesa; and leave in-charge Evangeline Flores.
But Mahusay’s immediate supervisor Juanita Monina Paires, License and Fees Division chief, and Zosima Sebes, assistant license and fees division chief, took a half-day leave yesterday to see their lawyers.
It was not confirmed whether they have submitted their written explanations to Camarillo.
Abatayo asked Paires and Sebes to sign affidavits as witnesses in the filing of the case against Mahusay at the anti-graft office.
However, they will also face a separate investigation at the City Attorney’s Office, Abatayo told Sun.Star.
Cash Receipts Division chief Esterlita Garrido, Cash Receipts Division assistant chief Joseph Reyes, liquidating officers Anya D. Chan, Norma Labra and Rachel Martinez also submitted their explanations to Camarillo yesterday.
Martinez, for her part, said she has not received any remittances from Mahusay because she is only tasked to receive remittances from field collectors and fees collected by traffic enforcers.
As to why they approved the applications for sick leave filed by Mahusay last May and July, Cesa, Jakosalem and Flores submitted their written explanations.
They all said that the License and Fees Division did not inform the Administrative Division that Mahusay failed to settle her accountabilities and that they processed her leave “in good faith because all requirements of the application were in order.”
Flores said she processed Mahusay’s 44-day sick leave covering June 1 to July 31, 2004 because the collector met all the requirements, including a medical certificate attached to her application.
Flores said that for the filing of sick leave of six days or more, the Civil Service Leave Law only requires a medical certificate.
In case of a vacation leave, the accountable officer must get an office clearance and turn over all accountabilities issued to her, she said.
Mahusay only took a sick leave so Flores processed the leave without the office clearance.
Jakosalem, for her part, said she recommended approval for Mahusay’s application for sick leave covering May 25, 26, 27, 28 and 31, 2004 in accordance with the Civil Service Rules on employees’ welfare.
The law allows sick leaves not exceeding five days without a medical certificate and office clearance.
Jakosalem said that while she acted as Administrative Division chief, no information reached her on the status of Mahusay’s accountabilities.
Cesa, in her explanation dated Aug. 11, said that she, in behalf of Camarillo, signed Mahu-say’s sick leave from June 1 to July 2004, as it appeared to be in order.
“It is my honest belief and understanding that I acted in good faith when I signed the ‘approval recommended’ portion because it was backed up by a medical certificate,” Cesa said.
Cesa said Paires has not communicated any alleged wrongdoing or malfeasance of Mahusay at her division. GAC/With KNR & EOB
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