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Friday, April 21, 2006
Implement dismissal order v. Palma Gil: complainant
ONE of the complainants in the graft charges against Davao Oriental Provincial Board Member Ma. Consuelo Palma Gil has formally requested for the implementation of the Ombudsman's dismissal order against the public official.
In a letter to the office of Vice Governor Edgardo Lopez dated April 17, Raul Antopuesto requested the implementation of the dismissal order of the Ombudsman dated November 13, 2003 and approved March 13, 2006.
Antopuesto questioned the delay of the implementation citing the alleged memorandum of Ombudsman Ma. Merceditas Gutierrez dated April 11, which stated that "the filing of a motion for reconsideration or a petition for review before the Office of the Ombudsman does not operate to stay the immediate implementation of Ombudsman orders, decisions or resolutions."
"It was emphasized in that statement that the implementation of the Ombudsman decision must be enforced upon receipt. It appears that more than 15 days have elapsed since March 24, 2006 when the receipt of the decision was made by your office," Antopuesto said in his letter.
Lopez admitted not having implemented the Ombudsman order against Gil.
"I was advised to wait for the official order from the proper court," Lopez said.
Gil earlier sought the reconsideration of the Mindanao Ombudsman's decision dismissing her from the service over allegations of hiring ghost employees during her previous term.
Gil's motion for reconsideration dated March 30 said her reelection in 2004 has rendered the administrative case against her "moot and academic."
She said the Supreme Court, over a long line of cases, has been very clear and consistent on the rule that a public official cannot be removed for administrative misconduct committed during a prior term.
"Since her (Gil) reelection to office operates as a condonation of the officer's previous misconduct, to the extent of cutting off the right to remove her," Gil's counsel said in their motion.
For this, Gil moved for the setting aside of the Ombudsman Mindanao's dismissal order dated November 13, 2003, which was only approved by the Office of the Ombudsman in Quezon City on March 13, 2006.
She also prayed for the dismissal of the grave misconduct, dishonesty, and conduct prejudicial to the best interest of the service charges filed against her by relative Rosie Bajenting and Antopuesto.
Aside from the administrative cases, the Ombudsman also recommended the filing of criminal cases of five counts of estafa through falsification of public documents against the board member.
The Ombudsman also recommended the filing of charges in violation of the Anti-Graft and Corrupt Practices Act against the lady lawmaker. (BOT)
For Bisaya stories from Davao. Click here. (April 21, 2006 issue)
Write letter to the editor.Click here.
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