Ombuds dismisses complaint against ex-DENR worker

CEBU, Philippines - The anti-graft office dismissed the administrative complaint filed against a former employee of the Department of Environment and Natural Resources (DENR).

Graft investigator Eleanor Tayad-De Mira dismisses the case for dishonesty and misconduct against Ernesto Montesclaros for being moot and academic.

“Considering that respondent’s separation from government service precedes the filing of the complaint, plus the fact that said respondent has already claimed his retirement benefits, the present administrative case must necessarily be dismissed for being moot and academic,” the decision reads.

The complaint was filed on December 8, 2010 before the Office of the Ombudsman Central Office in Diliman, Quezon City and was endorsed to the Office of the Ombudsman-Visayas on January 4, 2011 and was received on January 12, 2011.

The complainant, Moises Torres, claimed that sometime in 2004, he sought the assistance of respondent whom he believed could solve his problem regarding a certain property in the mountain area of Cebu City.

Torres, who is engaged in the jewelry business and a pawnshop operator, said he trusted Montesclaros for showing interest in helping him.

On September 4, 2004 the respondent went to Torres’ office in Tanjay City, Negros Oriental where the pawned items and new pieces of jewelry were kept. Montesclaros then selected pieces of jewelry that he was supposed to sell – gold bracelets valued at P110,500; gold women’s necklace valued at P128,400 and gold men’s necklace valued at P150,000.

Torres presented as evidence a trust receipt agreement for him remit his sales, less ten percent commission. He was supposed to return unsold items within a period of one year.

However, after one year, respondent failed to comply with his obligations despite a demand letter.

On February 9, 2011, graft investigator De Mira sent an order to the respondent directing to submit his counter-affidavit but the said order was returned to the Office of the Ombudsman with a note that the respondent already retired from office.

“Upon verification made by this Office, it was found out that respondent, indeed, has retired from service effective November 1, 2010 and has already claimed his retirement benefits,” De Mira said. (FREEMAN)