THE Office of the Ombudsman asked the Court of Appeals (CA)-Cebu Station to junk the petition of former provincial budget officer Emme Gingoyon, who seeks to reverse the ombudsman‘s decision indicting him for grave misconduct for the Balili lot purchase in 2008.
The ombudsman’s Office of the Legal Affairs filed its comment and argued that there was enough evidence for the anti-graft office to hold Gingoyon administratively liable for misconduct.
When Gingoyon certified the availability of non-existent funds for the purchase of the Balili lot, the ombudsman said, the former Capitol official disregarded his duties as specified in the Local Government Code.
Gloria Lastimosa-Dalawampu, Gingoyon’s lawyer, filed a petition for issuance of a temporary restraining order and writ of preliminary injunction before the CA.
Dalawampu argued that Gingoyon would stand to suffer irreparable injury should the injunction not be issued to him.
In the comment, the ombudsman said the petition lacked merit since evidence against Gingoyon was established.
“The accessory penalty, pursuant to the Revised Rules on Administrative cases in the civil service, is proper under circumstances,” read the comment signed by Assistant Ombudsman Maribeth Padios and lawyer Jennelyn Dasmariñas.
The ombudsman said its findings should be given “full respect and credit.” It added that Gingoyon’s filing of the petition was premature since he directly lodged his petition in the CA without filing first a motion for reconsideration on the ombudsman’s decision.
There is also no valid ground for the restraining order or preliminary injunction to be issued to Gingoyon, the ombudsman said.
Last year, Ombudsman Conchita Carpio-Morales charged Gingoyon with one count of graft relative to the Capitol’s purchase of a 24.92-hectare property in Tinaan, Naga City.
The ombudsman also indicted former governor now Rep. Gwen Garcia for two counts of graft and technical malversation.
The ombudsman also charged former members of the Provincial Appraisal Committee.
