OMBUDSMAN Conchita Carpio-Morales has dismissed the charges of Malversation, violation of the Graft and Corrupt Practices Act (Republic Act 3019), Oppression, Misconduct and Violation of Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act 6713) against two executives of the John Hay Management Corporation (JHMC) filed by former and current employees.
In a joint resolution consolidating all the cases, Carpio-Morales on April 20, 2016 dismissed all the cases against JHMC President and Chief Executive Officer (CEO) Jamie Eloise Agbayani and former Vice President and Chief Operations Officer (COO) Mita Angela Dimalanta, which were filed by Arthur Leonardo Odsey and Melquiades Bada, both former employees of JHMC, and Benjamin Quinio Jr, still an employee at JHMC.
Anjuli Larla Tan-Eneran, Graft Investigation and Prosecution Officer II of the Office of the Ombudsman, on November 9, 2015 wrote “considering the lack of probable cause for Malversation and/ or violation of RA 3019, respondents cannot likewise be held administratively liable since the alleged criminal acts were also the bases of the administrative charges imputed against them.
With regard to the alleged oppressive and dictatorial acts of respondents, it appears from the records that respondents only imposed the appropriate actions they deemed fit for the situation and all in good faith. Mere error in judgment, if any, cannot be automatically characterized as oppressive or misconduct,” the joint resolution said.
“The complaints for malversation, violation of RA 3019 and 6713, Oppression, Misconduct filed against respondents Jamie Eloise M. Agbayani and Mita Angela M. Dimalanta is dismissed for insufficiency of evidence,” added the resolution.
“This is clearly a vindication for me. I came back to Baguio mainly to serve and to give back to the city that I love. When I was new at JHMC, I wanted to institute reforms in the organization in line with good governance. Unfortunately it did not sit well with some employees who tried to undermine all my efforts, fabricated stories, and filed cases against me. I am grateful that in the end, truth prevailed,” Agbayani said.
Tan-Eneran, in the resolution said the allegations that Agbayani charged gasoline and meals to host meetings are all above board and does not violate any laws or rules.
The Ombudsman also agreed as head of the JHMC and a member of the Board of Directors, she is entitled to travel, representation, and communication expenses of a certain amount per month, aside from expenses incurred as President travelling to the Bases Conversion Development Authority (BCDA) headquarters in Taguig City as well as attend official meetings and appearances outside the BCDA Head Office.
The Ombudsman also added Dimalanta’s admonishing some subordinates including complainant Odsey, were all properly made to correct lapses in the performance of their official duties. (PR)