THE Office of the Ombudsman has ordered the dismissal from government service of former Bacolod City councilor Carlos Jose Lopez.
Lopez was found guilty of grave misconduct for issuing truck ban exemptions to certain truck companies and individuals operating within the city in 2013.
Named as complainant is the Field Investigation Office, Office of the Ombudsman-Iloilo Regional Office.
The order, dated September 2, 2016, was signed by Ma. Lucidia Kristine Flores, graft investigation and prosecution officer II, and was approved by Ombudsman Conchita Carpio-Morales.
But Lopez said in a statement Monday, April 24, that it is a fabricated case because during the time the case was filed, there were so many issues.
He said he received the order on October 2016, and he already filed his motion for reconsideration.
The order stated that Lopez is found guilty of grave misconduct and is meted the penalty of dismissal from the service, together with its accessory penalties.
In the event that the penalty of dismissal can no longer be enforced due to respondent’s separation from the service, the same shall be converted into a fine in the amount equivalent to respondent’s salary for one year payable to the Office of the Ombudsman, and may be deductible from respondent’s retirement benefits, accrued leave credits or any receivable from his office.
The Ombudsman resolved the complaint-affidavit filed by former mayor Monico Puentevella on June 3, 2014, supplemented by the supplemental affidavit filed by the Field Investigation Office of the Office of the Ombudsman-Iloilo Regional Office on March 19, 2015 against Lopez for misconduct charges.
On September 13, 2013, Senior Inspector Benedicto Villarias, former officer-in-charge of Bacolod Traffic Authority Office (BTAO), received three separate letters of even date from Lopez.
The first, second, and third containing the following pertinent declaratory statements: “1. The following are exempted from the truck ban because they deliver perishable and agricultural cargo, 2. The following companies are exempted from the truck ban provided they will not enter within the perimeter of San Juan Street, 3. I am granting the request of AVA Construction to be exempted from the truck ban.”
In his counter-affidavit, Lopez stated that there was no deliberate intent on his part to usurp the power and authority to the City Mayor or BTAO.
He said his letter to Villarias were merely recommendatory and were official communications between the Committee on Transportation and Traffic Management of the City Council, which he heads, and the BTAO.
Puentevella then filed a reply-affidavit, arguing that the said letters were clearly truck ban exemptions issued by Lopez.
The ruling stated that respondent committed grave misconduct considering that he, under pretense of official position and without being lawfully entitled to do so, issued truck ban exemptions to truck companies and individuals operating within Bacolod City, an official function pertaining to BTAO.
It added: “Indeed, he has completely disregarded and clearly violated Section IV (E) of Bacolod City Ordinance No. 542, series of 2011, in relation to the City Ordinance No. 338, series of 2003. On the other hand, considering that the transgression has been committed repeatedly, it cannot be denied that respondent acted with deliberate intent.”
The Ombudsman also found probable cause to indict the respondent for three counts of usurpation of official functions under Article 177 of the Revised Penal Code.
“Let the corresponding information be filed against said respondent in accordance with the foregoing findings,” the order stated.