Ombuds dismisses complaint vs Badian town vice mayor

CEBU, Philippines - The Office of the Ombudsman Visayas dismissed the administrative complaint for misconduct filed against Badian Vice Mayor Fructuoso Caballero for lack of substantial evidence.

But the anti-graft office ordered a one-month suspension against Ildefonso Gingoyon, the driver of the municipality for simple misconduct.

Graft investigator Portia Suson said Gingoyon’s act in using the government vehicle without any authority was “tantamount to an offense charged.”

Suson directed Mayor Robburt Librando to implement the order and submit a compliance report.

The complainant of the case was the Public Assistance and Corruption Prevention Office (PACPO) of the Office of the Ombudsman, creating the OMB Task Force Re: Oplan Red Plate that conducted a monitoring of the government vehicles being used for non-official purposes.

The task force said on June 3, 2006, they spotted a maroon Mazda B2200 GSX pick-up with plate number SFR-301 without logo in the side and was parked at the parking area of one of the biggest malls in Cebu City.

Upon verification at the Land Transportation Office-7 it was found out the vehicle was owned by the Municipality of Badian assigned to Caballero as per certifications.

According to Maria Victoria Belarmino, clerk of the Office of the Municipal Treasurer, the vehicle was driven by Gingoyon without securing a trip ticket as a violation of section 361 of the Government Accounting and Auditing Manual (GAAM).

However, in the joint counter-affidavit of Caballero and Gingoyon, they stated on June 3, 2007 Gingoyon was ordered by Municipal Treasurer Susan Peque to drive the government-owned vehicle on official business to buy assorted materials needed in the Treasurer’s Office. 

Caballero stated when the vehicle was used by Gingoyon and Peque the two did not ask permission from him.

Gingoyon was found liable for misconduct but the anti-graft investigator found no evidence that Caballero committed the offense after the latter stated in the joint counter-affidavit he was not with the driver when the incident happened. - (THE FREEMAN)