Wednesday, April 02, 2008 SC upholds dismissal of Lapu-Lapu LTO official
THE Supreme Court (SC) has upheld the dismissal of a Cebu-based Land Transportation Office (LTO) official from service over graft after he was found to have re-registered a stolen vehicle.
A resolution handed down last March 24 declared that Cleto Abugan’s ancillary penalty of perpetual disqualification to hold any other government post was correctly imposed.
Abugan, who served as LTO registrar of Lapu-Lapu City, was ordered dismissed from service last March 12, 2002 for grave misconduct.
An NBI investigation found that in March 20, 1998, he issued a new set of vehicle registration documents for a vehicle owned by Jerry Tan two days after it was stolen at the back of Cebu Doctors’ Hospital.
The new set of documents was still in Tan’s name but the vehicle’s motor number, plate number and name of previous owner had been changed.
The registration was renewed on Jan. 7, 1999 but the registration records were made to appear that Tan had sold the vehicle to Cristina Labiano.
During the investigation, the NBI asked Abugan to produce the documents supporting the registration but the official was not able to produce any, so the anti-graft complaint was filed.
After an administrative adjudication by the anti-graft office, it ordered Abugan’s dismissal. The ombudsman said procedures adopted by the LTO Lapu-Lapu City, especially by Abugan, “leaves much to be desired.”
But the penalty could not be immediately imposed after Abugan filed a motion for reconsideration, which was denied. It was then elevated to the Court of Appeals (CA) as a petition for certiorari.
The CA affirmed the findings of guilt but held that instead of directly imposing the penalty on the respondent, they should have recommended it instead to his superior official.
According to the CA, “(the authority of the Office of the Ombudsman) is limited to directing the officer concerned to take appropriate action against a public official or employee at fault and recommending his removal, suspension, demotion, fine, [censure] or prosecution, and ensure compliance therewith.”
That time, then Land Transportation Office Assistant Secretary Roberto Lastimoso promoted Abugan and assigned him to Medellin, Cebu.
“The power of the Office of the Ombudsman to directly impose administrative sanctions was again affirmed in the recent cases of Barillo v. Gervasio, Office of the Ombudsman v. CA and Balbastro v. Junio,” read the March 24 SC ruling.
According to the High Court, the idea that the anti-graft office does not have the authority to impose penalties and is limited to recommending sanctions is based only on something the High Tribunal said in passing when it ruled on the Tapiador case. (KNR)
