Gica, 11 others sued for graft

CEBU, Philippines — Dumanjug Mayor Efren Guntrano “Gungun” Gica and 11 other town officials are facing criminal and administrative charges before the Office of the Ombudsman-Visayas for reinstating and paying the back wages of the municipal engineer who was dismissed from the service in 2015.

The complainant, Antonio Jimenez, Jr., accused Gica, town Councilors Erwin Gica, Zipporah Alpuerto, Mansueto Dupal-ag, Jovenal Rabin, Rodrigo Pan, Josephus Quirante, and Vicente Fernandez of grave abuse of authority, grave misconduct, and violations of Republic Act 3019 or Anti-Graft and Corrupt Practices Act and R.A. 6713 or Code of Conduct and Ethical Standards for Public Officials and Employees.

Also included in the complaints were municipal treasurer Leticia Cabillon, municipal accountant Alvin Vibar, and municipal budget officer Juana Galang.

According to Jimenez, the respondents connived with each other in illegally reinstating and paying the salaries and back wages of municipal engineer Danilo Phua in the amount of P1,060,323.04 on November 28, 2018.

Jimenez said the anti-graft office dismissed Phua from the government service in 2015 after he was found guilty of grave misconduct, neglect of duty in relation to the Anti-Red Tape Act, and violation of R.A. 6713.

Phua asked for reconsideration but was denied by the Office of the Ombudsman.  The case was brought before the Court of Appeals where the anti-graft decision was modified. Instead of dismissal from the service with forfeiture of all benefits and perpetual disqualification from holding public office, the appellate court downgraded the penalty to six months suspension without pay.

Jimenez said the decision is not yet final and executory because he filed a motion for reconsideration, which the appellate court has yet to resolve.

“In the case of respondent Phua, he was not exonerated by the Court of Appeals. His penalty was merely reduced. Thus, the payment of his back wages through the concerted efforts of the respondents in approving, the same is illegal,” read Jimenez’s complaint.

Jimenez said the respondents should not have reinstated and paid Phua’s back wages until his case is resolved with finality.

But Gica said Jimenez’s motion for reconsideration was already denied by the Court of Appeals. The mayor posted on Facebook a copy of the appellate court’s decision.

“In sum, we find no reason to deviate from our previous conclusion…the motion for reconsideration is denied for lack of merit. The 27 September 2018 decision of this court stands,” read part of the three-page resolution.

Gica said that the charges filed by Jimenez against Phua were allegedly fabricated.

“Fabricated charges does (sic) not prosper,” Gica said. (FREEMAN)