Tuesday, October 14, 2008 Dabu asks CSC to dismiss charges against her By Jovi T. De Leon
CITY OF SAN FERNANDO -- Provincial Administrator Vivian Dabu has asked the regional office of the Civil Service Commission (CSC) here to dismiss the instant complain filed against her by former Capitol casual employee Roperlee Syquia for lack of merit.
Syquia, Governor Eddie Panlilio's former social services aide and one of 14 members who quit the Capitol's "confidence team," filed before the CSC complaints of grave abuse of authority, dishonesty, violation of Commission on Audit (COA) Rules and Regulations, particularly COA Circular 97-002 (4) (4.1.6) regarding cash advances and the CSC's rules and regulations on multiple functions and appointments, and infringement of Section 10 of Republic Act (RA) 9184 otherwise known as the Government Procurement Act last September 3.
In his affidavit, Syquia, alleged that there were a number of times Dabu went against COA rules like the transfer of cash advances to a casual employee for use in an "irregular purpose" and the assignment of huge sums for procurement of various purchases used in photo exhibits, streamers and expensive medical equipment.
He also said Dabu headed majority of the Capitol's committees and units under the Governor's Office.
But in her 11-page "Answer with Motion to Dismiss," which she filed before the commission on October 7, two days before her second motion for extension was supposed to expire, Dabu refuted all of Syquia's accusations. She filed the affidavit through her legal counsel and law firm partner lawyer Maria Paz Duque.
In the affidavit, Dabu outlined her mandated duties and responsibilities as a Provincial Administrator under Section 480, Article X of the Local Government Code of 1991 which include the implementation of approved plans and projects of the governor, coordinating the work of local units under the governor's office, the establishment of a sound personnel program and the institution of effective administrative reforms.
Her functions, as mentioned in her affidavit, also covers recommending to the Provincial Board, as well advising the governor "matters relative to the management of local government units and the implementation of administration-related plans, programs and projects."
Dabu additionally noted in the document the units and sub-units under the administrative supervision of her office as the offices of the Provincial warden, Civil Security, Pampanga Clinic and Malnutrition Center, Environment and Natural Resources, Public Information, Public Employment Service, Bren Z. Guiao Convention Center and Sports Complex, Provincial Disaster Coordinating Council Secretariat, the Arts, Culture and Tourism, and Investment Promotion.
The sub-units under her include the Project Monitoring Unit, Pamisaupan Unit, Procurement Unit and the Quarry Monitoring Unit.
But Dabu clarified in the document that her administrative supervision is "limited to instituting and implementing policy direction, plans, programs and projects that will benefit the province and the people."
She said in her affidavit that contrary to Syquia's allegations, it is the governor, not she, who is the chairperson of the Local School Board and local Health Board. Similarly, she refuted claims that she acts as appointments secretary, chief-of-staff and co-anchor of the Capitol's radio program Mala Pampanga.
On Syquia's charges of grave abuse of authority and dishonesty, Dabu said in the affidavit that she, as the respondent, "has no reason to respond" to the allegations, as "it was not clear as to the basis of the charges" were made.
The document noted that her actions could not be classified as "dishonest" because none of them "caused serious damage and grave prejudice to the government or showed intent to commit material gain, graft and corruption or which exhibited moral depravity."
Dabu's written statements said the decisions she made regarding, and especially, on the disbursement and utilization of government funds were all coordinated with the Provincial Accountant and the resident auditor of the province. She declared in the document that "she has faithfully followed all rules, regulations and guidelines issued not only by COA, but also by other National Government agencies tasked to monitor compliance with all laws, rules and regulations and implement plans and projects."
The document went on to rebutt Syquia's claims of transfer of cash advances and the "irregular use" of capitol funds.
The document cited that no cash advances were granted Syquia, but that he was "merely tasked to handle certain projects particularly the photo exhibits held on October 8, 2007 and during the Aldo ng Kapampangan celebration in the total amount of P100,000."
These, according to the document, "have not been liquidated or reimbursed" by Syquia because of his "failure to submit on time proper documentation." Dabu alleged in the document that Syquia claimed for himself and took with him the photos produced and exhibited on the said events.
An attached certification from one Amelito Vitug of the Procurement Unit "certified" that Syquia "did not endorse any invoice, delivery receipt, or official receipt for the developing of the photos used in the exhibits."
Another attached certification, signed by administrative aides Wilson Cabuso, Edgar Go, Lady Lyn Lerit, Ador Menes and Vitug said no photos were found in the filing cabinet used by Syquia.
In the affidavit, Dabu turned the tables on Syquia, noting he was paid his salaries and wages for the period April 1 to 15, but the subsequent period up to May 15 were not processed because his daily time record was up in question. "Despite instructions for him to reflect truthfully and accurately the dates and time he reported for work, he refused and took with him the unapproved daily time reports."
As for Syquia's allegation that she violated provisions of the Government Procurement Act, Dabu reiterated in the document what she disclosed in a September 12 interview, "that during the time alleged by Syquia, she was just a member or vice chairman of the Bids and Awards Committee (BAC)" and that her "appointment, with the consensus of the remaining committee members, as BAC Chairperson was only from June 1 to August 1 this year."
During that time, the document showed, Dabu had strictly imposed all policies, guidelines and procedures, with every procurement and purchase made by the Provincial Government "passing through the needle's eye."
Dabu countered each of Syquia's allegations, and said in her affidavit that the complaint filed against her "with the primary intention of casting malicious and contemptible charges and causing damage and prejudice to her person, integrity and reputation."
For his part, Syquia said on Sunday that he was "all set to face Dabu in the CSC legal court room." He added there were several inconsistencies in Dabu's counter affidavit, including the amounts transferred to him.
"Not only P100,000 was given to me. It was P1.2 million!" Syquia exclaimed. He said he would, if the situation warrants, drop on Dabu one "bombshell" after the after, including facts of what he alleged was a "confidential meeting" between the Capitol executives.
Dabu, meanwhile, did not disclose if she would personally appear during the hearing. She said: "It would really be up to my lawyer and her legal advice."
The CSC has set October 16 to hear the contending parties and conduct a preliminary investigation.
