Ombudsman upholds engineer's dismissal

CEBU, Philippines - The Office of the Ombudsman-Visayas affirmed its previous ruling finding MARINA-7 engineer Lilah Rodas guilty of Serious Dishonesty and dismissing her from public service with perpetual disqualification to hold public office.

In denying the motion for reconsideration filed by Rodas, Graft investigator Alfred Yann Oguis ruled that the engineer’s failure to declare her “savings” in her Statement of Assets, Liabilities and Net Worth (SALN)’s was willful and intentional.

“Respondent’s belated admission as to the existence of these savings does not necessarily mean that its non-declaration in her SALNs was not willful or intentional,” the order reads.

Oguis denied the motion for reconsideration and supplemental motion for reconsideration filed by Rodas for lack of merit.

Rodas, in her motion for reconsideration, argued that the Office of the Ombudsman merely based their decision on the narrow definition of dishonesty.

“This Office relies on the narrow definition of dishonesty, such that, the definition cited in the assailed Decision, one is almost led to believe that dishonesty requires no further proof than mere speculation,” Rodas said.

She also questioned why her failure to indicate her “savings” in her SALN is considered intentional and willful dishonesty, which merits the penalty of dismissal.

“If I was in fact motivated by ill will and malicious motives, I should not have declared the same in my SALN,” Rodas said.

She also cited “deliberateness” as an absolute prerequisite before any public officer can be charged and found guilty of dishonesty.

“It must appear that the accused knows his statement to be false or as consciously ignorant of its truth,” she said.

Oguis however, said Rodas offered no explanation on her failure to make such declaration.

“We do not know of the reason of the respondent for the omission of any entry pertaining to savings in her SALNs. She only admits to the existence of the same in her counter-affidavit and position paper in reference to the acquisition of two vehicles collectively worth P600,000 in the year 2003,” the order reads.

Rodas was found guilty of serious dishonesty in her non-declaration of assets in her SALN for the years 1999, 2000, 2001, 2002 and 2003. She was ordered dismissed from service with forfeiture of all benefits and perpetual disqualification to hold public office.

According to the Ombudsman, Rodas acquired properties out of proportion to her salary and other lawful income. — (FREEMAN)