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Friday, September 05, 2003
Ombud junks misconduct raps against town exec
THE Office of the Ombudsman for Mindanao dismissed charges for violation of the code of conduct filed against a municipal councilor of Davao del Norte for lack of evidence.
In a five-page resolution, Graft Investigation Officer 1 Thaddeus J. Boiser dismissed the criminal charges against Elsa M. Quezon, councilor of Kapalong, Davao del Norte.
The complaint was filed by George P. Mercado of Maniki, Kapalong, Davao del Norte.
In his complaint, Mercado alleged that in April 9, 2002, the Securities and Exchange Commission (SEC) approved and registered the Quezon Memorial Institute of Technology (QMIT), a domestic corporation owned by Quezon and her husband Richard.
Both husband and wife were the incorporators of QMIT, with a listed capital of P500,000 each. Mercado alleged that Elsa did not include her investment with the QMIT in her Statement of Assets and Liabilities (SAL) for 2002.
Elsa filed her counter-affidavit last July 9, insisting that she did not declare her investment in the QMIT because she filed her SAL in February 18, 2002, but the Department of Education (DepEd) granted the QMIT an authority to operate only on May 23.
Mercado submitted his reply-affidavit and argued that Elsa paid the capital to QMIT in January 25 so she should have included it in her SAL.
After investigation of the evidences presented, the Ombudsman ruled that Elsa did not violate Republic Act 6713 also known as the Code of Conduct and Ethical Standards of Public Officials.
The Ombudsman further ruled, "the actual existence of a corporation must be considered with from the time it started to operate and do business." RCB
(September 5, 2003 issue)
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