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Saturday, March 12, 2005
Sex, graft raps v. ex-Visayas Ombud back
By Grecar A. Nilles
CEBU CITY -- Complaints filed more than five years ago against the Visayas' top anti-graft official have been revived, though he has retired.
The Supreme Court (SC) has directed the reinstatement of the criminal and administrative cases against former deputy ombudsman for the Visayas Arturo Mojica, for alleged sexual harassment and corruption.
The SC Second Division, in a 29-page decision, reversed and set aside the ruling of the Court of Appeals (CA), which earlier stopped the Ombudsman's Committee of Peers from investigating the incident.
The SC told the Office of the Ombudsman to proceed with its investigation on the cases filed against Mojica.
Mojica, who sat as deputy ombudsman for the Visayas until December 1999, was accused of sexual harassment by a female employee. Ombudsman employees James Alueta and Eden Kiamco also alleged that Mojica mulcted money from their salaries.
The other employees of the anti-graft office also filed a case for oppression against Mojica, for allegedly not releasing the P7,200 in benefits of ombudsman employees on the date the amount was due for release.
Impeachment
Mojica, who has already resigned from government service, could not be reached for comment.
But Mojica earlier ran to the CA to stop the charge against him. He pointed out he was immune from suit, since he could only be removed from office through impeachment.
He added that the Committee of Peers cannot indict him for any charge not until he is removed from office through impeachment or when he resigns or retires.
The committee earlier recommended the filing of two criminal cases for alleged graft and violation of the Anti-Sexual Harassment Act.
In the administrative aspect, the committee found enough evidence to charge Mojica with dishonesty, grave misconduct, oppression, conduct grossly prejudicial to the best interest of the service and directly or indirectly having financial and material interest in any transaction requiring the approval of his office.
Not deputies
The CA earlier ruled, in its decision dated Dec. 18, 2000, that the position of deputy ombudsman is an impeachable post.
In that ruling, the CA set aside and declared as null and void the findings of the committee recommending the filing of criminal and administrative cases against Mojica. It also dismissed all the cases against him.
The CA added that the subsequent acts of the ombudsman, the overall deputy ombudsman and the committee-subjecting Mojica to criminal and administrative investigations-would be considered invalid.
But the complainants raised the matter to the SC, saying the position of a deputy ombudsman is not an impeachable post, therefore he can be charged criminally and administratively even if he is still holding the post.
In its decision, the SC ruled that only the ombudsman, excluding his deputies, can be impeached.
"As to whether the private respondent, then deputy ombudsman for the Visayas, may be held criminally and/or administratively liable, we likewise resolve the issue in favor of the petitioner (the complaining employees)," the ruling read.
| Post your experiences to the Sun.Star Graduation section. Click here. | 2005-02-24 04:52:02
mcalvo - My graduation was unforgettable to me and to my classmates. I was so drunk the night before graduation. During the ceremony i dozed to the point of snooring even when i was already standing i was half sleeping. Our dean has to call my name twice and the person behind me has to push me just to wake me up... graduations are memorable...enjoy and congratulations to all graduates!
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(March 12, 2005 issue)
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