CEBU, Philippines - Cebu City Mayor Michael Rama has named new members of the city’s Special Administrative Investigation Committee (SAIC) that would investigate the alleged loss of 28 PhilHealth checks issued to the Cebu City Medical Center after the court granted the request of the billing officer, who was faulted for the incident.
Regional Trial Court Judge Gabriel Ingles of Branch 58 has earlier granted Ma. Lourdes Archua’s plea to stop the city’s Special Administrative Investigation Committee from investigating her.
In granting the application for a writ of preliminary injunction, the judge said the court “doubts the impartiality of the committee” since all, except one of its members, are subordinates of City Attorney Joseph Bernaldez, who is pressing the case against Archua.
With the court ruling, City Hall’s special committee can’t proceed with an administrative investigation on Archua. Members of the city's investigative committee include lawyers Carlo Vincent Gimena, Dominic Dino, Ferdinand Cañete, Lecel Llamedo and Jose Marie Poblete.
Except for Poblete, the other lawyers are assistant city legal officers under Bernaldez.
However, Ingles said “this court is not, of course, saying that there should be no investigation conducted. There should be (a probe) as public funds are involved. But it should be done by a body that does not appear partial, otherwise the due process clause is violated.”
Because of the order, Rama has again appointed new members of the SAIC, which includes HRDO chief Mary Ann Suson, city hall consultant Eugene Elizalde, Lerma Soledad of Cebu City Medical Center and lawyer Dominic Dino.
“You are directed to immediately convene and you are authorized to conduct hearings and to summon and or subpoena witnesses and documents in the conduct of your investigation,” Rama said in his memo.
City administrator Jose Marie Poblete said that while Dino belongs to the previous SAIC, he was again appointed to be part of the new committee since he already belongs to Office of the City administrator.
Last July 20, Archua was meted a 30-day preventive suspension for gross negligence of duty in violation of the Code of Ethics of Cebu City Employees and the Civil Service Rules and Regulations.
The issue began when 28 PhilHealth checks were released to one Concha Ruth Adlawan who claimed to be a PhilHealth trainee.
The National Bureau of Investigation later found out that the claimant was Janice Dizon Tecson who used an alias to be able to get the checks.
The release of the checks was allegedly made without the consent and knowledge of Dr. Myrna Go, acting chief of the CCMC.
Archua claimed that it was not she but clerk Mary Grace Lopez of the City Treasurer’s Office in the hospital who handed the checks to Adlawan.
Archua, through lawyer Gloria Lastimosa-Dalawampu, filed a case in court and named Cebu City Mayor Michael Rama one of the respondents. (FREEMAN)