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Sunday, September 10, 2006
Ombudsman suspends Bacong mayor
By Victor L. Camion
THE Ombudsman for the Visayas has recommended a six-month suspension without pay for Bacong Mayor Rodolfo Yee for alleged oppression.
Graft Investigator and Prosecution Officer II Samuel Malazarte, said the Ombudsman Visayas has found Yee guilty of oppression for allegedly terminating illegally Eve Morados, a municipal employee of Bacong.
Morados served as water meter reader of the Integrated Waterworks System of the Municipal Government.
"There was absolute lack of due process in the termination of herein complainant," Malazarte said in a decision dated February 27, 2006.
Malazarte's decision and recommendation was reviewed by Ombudsman Director Edgardo Canton.
Ombudsman Ma. Merciditas Gutierrez approved the decision dated August 10, 2006 following the recommendation made by Deputy Ombudsman for the Visayas Virginia Palanca-Santiago.
The complaint, a resident of Buntod, Bacong, accused Yee of abuse of authority, oppression, misconduct and violation of Section 5 (a) of Republic Act 6713 or the code of conduct and ethical standards for public officers and employees.
"With respect to the alleged respondent's Abuse of Authority, this not being one of the causes enumerated by law...as regards the charge of Misconduct, it is not merited in the instant case," the ruling said.
The Ombudsman ruled that there was excessive use of authority by the respondent, but there was no sufficient showing that it was predicted upon a wrongful intent.
In his affidavit-complaint dated November 3, 2004, Morados claimed, among others, that he was previously a non-career municipal employee for almost three years of unbroken service, specifically from September 3, 2001 to August 30, 2004.
On August 4 and 5, 2004, he said he took a leave of absence with permission from his immediate supervisor Marites Bulingot to have his teeth extracted by the resident dentist of the Municipal Health Center of Bacong.
But when he reported back for work on August 11, 2004, his supervisor instructed him to see their Human Resources Management Officer Vivien Miraflor, who in turn told him to see the Municipal Planning and Development Officer Engineer Vicente Alcoriza, his former supervisor.
Morados added that to his surprise, Yee instructed Alcoriza to ground him and not give him job assignments for no reason at all and without due warning.
On August 18, 2004, he went to the Treasure's Office to claim his salary, but to his dismay, he learned that his name had been deleted from the payroll by the payroll in-charge Rodrigo Vendiola, upon the instruction of Yee.
Upon verification with Alcoriza, to whom he submitted his daily time record for services rendered for the first fifteen days, he learned that Yee had torn it into pieces and thrown it to the trashcan at the Engineering Office.
Morados added that upon the advice of his lawyer, he reported back to work on August 25, 2004 until August 30, 2004.
He said he was illegally dismissed from service by the Mayor, without prior notice.
Yee issued a memorandum dated August 30, 2004 to terminate Morados.
For his part, Yee in his counter-affidavit dated February 21, 2005, denied the allegations against him.
Yee said Morados was hired only as a water meter reader-a project-charged employee, not covered under employer-employee relationship.
The mayor added that Morados committed misconduct in the performance of his work during the period of his employment by neglecting his duties.
Yee further said that Morados tore a government check, his daily time record, and made public disturbances in the office of the Municipal Treasurer sometime on June 18, 2004 and August 11, 2004.
He said he terminated Morados not only because of his alleged misconduct but also because his services were no longer needed and funds were no longer available for the purpose.
But Morados disputed the mayor's contentions about the nature of his job.
He admitted that he committed some mistakes in the course of the performance of his work during the administration of mayor Lenin Alviola.
But, Morados said, after issuing a promissory letter he already performed his job well.
He also denied having torn a government check, Daily Time Record, and having committed public disturbance.
The Ombudsman said that under Presidential Decree 807 or the Civil Service Decree, "No officer or employee in the Civil Service shall be suspended or dismissed except as provided by law and after due process."
"The complainant was not a project-charged employee as otherwise contended by the respondent," said Malazarte adding, "the respondent failed to refute complainant's positive assertion of almost three consecutive years of unbroken service as water meter reader."
(September 10, 2006 issue)
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