THE eight employees of Bacolod City Government, who were earlier charged with Mayor Evelio Leonardia in the procurement of furniture and fixtures for the Government Center worth over P50 million in 2008, were reinstated on Monday, December 10, with the final decision of the Supreme Court.
In his Memorandum Order No. 155 dated December 10, Leonardia implemented the reinstatement of lawyer Goldwyn Nifras of City Agriculture Office, chairman of Bids and Awards Committee (BAC); Nelson Sedillo of Department of Public Services, member of BAC; Engineers Belly Aguillon, Aladino Agbones, and Jaries Ebenezer Encabo of City Engineer’s Office, all members of Technical Working Group; and Melvin Recabar of General Services Office, BAC secretariat.
Luzviminda Treyes, former City Budget Officer and vice chairperson of BAC, and Eduardo Ravena, former City Accountant and member of Technical Working Group, already retired from the service.
Leonardia said that based on the Legal Opinion No.LO-18-171 rendered by the City Legal Office and in accordance with existing laws and jurisprudence, they are reinstated to their former position effective immediately upon receipt of the memorandum.
He said the pertinent dispositive in the decision of the Court of Appeals, 18th Division dated September 6, 2017 which was sustained by the Supreme Court Third Division, in its resolution dated April 25, 2018, thus “petitioners who have not retired or who have not been separated from government service shall be reinstated immediately.”
City Legal Officer Joselito Bayatan said they received the notice of Entry of Judgment from the Supreme Court Third Division on December 6.
The Entry of Judgment, which was signed by Basilia Ringol, Deputy Clerk of Court and Chief Judicial Records Officer, certified that on April 25, 2018, a resolution rendered in the entitled cases was filed in Supreme Court, which stated that “acting on the petition for review on certiorari assailing the decision and resolution dated September 6, 2017, and November 28, 2017, respectively, of the Court of Appeals, the Court resolves to deny the petition for failure to sufficiently show that the appellate court committed any reversible error in the challenged decision and resolution as to warrant the exercise by this Court of its discretionary appellate jurisdiction.” And at that the same has, on July 27, 2018 become final and executory and is hereby recorded in the Book of Entries of Judgments.
On September 6, 2017, the Court of Appeals (CA) Visayas Station 18th Division in Cebu City reversed the dismissal order of the Office of the Ombudsman against Leonardia and eight city executives in the procurement of furniture and fixtures for the Bacolod Government Center in 2008.
The December 2, 2016 joint resolution of the Office of the Ombudsman is modified in that the charges against petitioners Leonardia, Nifras, Treyes, Sedillo, Aguillon, Agbones, and Encabo are dismissed.
Meanwhile, petitioners Recabar and Ravena were found guilty of simple misconduct instead of grave misconduct and gross neglect of duty and meted the penalty of suspension for a period of three months without pay.
Accordingly, the exonerated petitioners are entitled to payment of back wages and all benefits from the time they were dismissed from service, it added.
The Sandiganbayan also earlier dismissed the criminal charges filed against Leonardia and eight city executives.
The case was originally filed by Victor Puey, one of the bidders of the P50 million fixtures and furniture for the Bacolod City Government Center.
Bayatan said that these employees had suffered a lot as they were not paid for about 25 months.
“We won the case because the verdict is in our favor and the court favors us,” he said.
Bayatan noted that the Ombudsman’s motion for reconsideration was denied by the Court of Appeals with the Court sustaining its aforecited decision.
Furthermore, the Ombudsman elevated by way of final appeal to the Supreme Court, but subject appeal was denied further sustaining decision of the Court of Appeals with the recent Entry of Judgment issued categorically stating that the decision of the Court of Appeals as affirmed by the Supreme Court has become final and executory on July 27, 2018.
Bayatan said that Recabar and Ravena are not entitled to back wages but only for reinstatement.
The CLO requires the Human Resource Management Services Office to determine the employment status of the employees, the retired or in active service, for purposes of reinstatement and the provision of their back wages.
Bayatan said the Ombudsman has no more remedy, once the appeal is elevated to the Supreme Court, as this is the last final mode of the appeal.
In behalf of his co-respondents, Nifras said that they were happy and glad that this day has come.
“We have suffered, but in the end, we have to thank God for all of this and we are also thankful to Mayor Leonardia and to all of our close friends who have been with us all the way,” he said.
He added that they will continue to provide service for the people of Bacolod and they know that they can do better.
For his part, Leonardia said that this is a learning experience, an enriching experience, and a vindication.
“We learned so much and at the same, this was the time when I came to know who are my true friends are. This made us a better and stronger person and a better and stronger public official and I am thankful to all the people who were there to support and help us. I’m glad that they are all back because they all play big roles in City Hall,” he said.
He added that in this particular case, even in different stages, there was never overprice and under-delivery issues because there were even two biddings and everything was delivered and even the Ombudsman in its findings stated that there was good faith.