Advised to attend values orientation program, Ombud suspends San Remegio Traffic OIC

CEBU, Philippines - The officer-in-charge of the traffic management office of San Remegio town has been suspended for one month for his failure to act on the application for the renewal of franchise.

Graft investigator Alfred Yann Oguis found Cornelio Saberon guilty for violating the Anti-Red Tape Law for his failure to act on the application without any justifiable reason.

“The evidence substantially supports the determination that Saberon failed to act on the application of the complainant or at the very least failed to inform the complainant of the lack of requirements,” decision reads.

In his complaint, Vicente Dadula, a tricycle driver and operator alleged that Saberon committed abuse of authority and violated the Anti-Red Tape Law for failing to act on his application.

He said that on February 1, 2010, he began processing the renewal of his franchise in Saberon’s office because it was supposed to expire that month.

He added that upon submission of his requirements, Saberon told him to obtain a councilor’s clearance from respondent Edgar Mibato, a barangay kagawad of Looc, San Remegio.

When he approached Mibato, he was told by the latter to go back to Saberon as he was already cleared.

However, Saberon asked him to produce a written certification or otherwise his franchise will not be renewed.

The delay of the renewal, despite several follow-ups and appeals, led Dadula to seek the help of lawyer Alfonso Pestolante but the respondent failed to act despite the legal intervention.

Mibato, in his answer, stated that he has no authority to issue a certification.

“Contrary to the statements of the complainant, he has no authority to issue a certification which is necessary for the issuance of municipal franchise for operation of tricycle units,” he said.

Saberon denied committing malicious actions of conduct unbecoming of a government employee and abuse of authority.

He said he did not act on the application after the complainant failed to present his unit for roadworthiness certification which is a requirement under the municipal ordinance regulating the issuance of a franchise.

“Lack of this certification withheld the issuance of the franchise which is a fault that should be blamed on the complainant,” Saberon said.

In his reply, Dadula denied the statement of Saberon.

“Saberon is lying when he states that the complainant did not, and never presented his unit for inspection in order to determine roadworthiness,” he said.

He added that Saberon or his men did not make any attempt to inspect his tricycle.

For two months, the counsel of Dadula filed an application for renewal but no franchise has been issued.

Oguis, in his decision, averred that despite the letter request made by Pestolante, respondent failed to have a written response or to inform the latter that his client lacks documents.

“His failure to act on the application of renewal of franchise of the complainant, and his refusal or failure to act on the application from the time of Atty. Pestolante’s letter request, without justifiable reason, is a clear violation of Anti-Red Tape Law,” the decision reads.

Oguis cleared Mibato from administrative charges for lack of evidence and directed Saberon to attend a values orientation program.— (FREEMAN)