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Wednesday, October 08, 2003
2 ex-city workers get 2-year jail term
By Raquel C. Bagnol
TWO former Davao City Hall employees were convicted to a maximum of two years imprisonment and fined P2,000 each for falsification of public documents in a five-page court decision issued Monday.
Judge Rufino S. Ferraris Jr. of the Municipal Trial Court in Cities (MTCC) Branch 7 convicted Gerry G. Bajalan, former market inspector detailed with the Office of the City Administrator of Davao, and Alex C. Lazarraga, Engineer 4 of the Office of General Services.
Court records showed on July 26, 1992, Bajalan's application form and other documents pertaining to the career sub-professional examination (CSE) was falsified because Lazarraga took the examination in his behalf. Lazarraga's picture also appeared on the application forms and the seat plan during the examination.
The prosecution presented two room examiners and a proctor as their witnesses who testified that Lazarraga took the examination in behalf of Bajalan.
Both Bajalan and Lazarraga admitted their guilt in court. The court held that "any judicial admission, whether verbal or written made by a party in the course of the proceedings of the same case does not require proof."
The court also believes Lazarraga has direct participation in the offense; therefore he has to suffer the consequences of his act.
The court further ruled, the government, particularly Davao City where both respondents were employed was the injured party.
The two were earlier dismissed from their services acting on a Civil Service Commission (CSC) Resolution no. 973190 dated July 7, 1997 after they were found guilty of dishonesty, grave misconduct and conduct prejudicial to the best interest of the state service.
(October 8, 2003 issue)
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