Noy urged to act on graft case vs MWSS chief

MANILA, Philippines - The Office of the Ombudsman is asking the Office of the President to act on a graft complaint filed against Metropolitan Waterworks and Sewerage System (MWSS) administrator Gerardo Esquivel in connection to his alleged involvement in the agency’s alleged irregular disbursement of P14.9 million in government funds to pay for the services of consultants and job order personnel.

In a letter to Executive Secretary Paquito Ochoa dated June 18, 2013, a copy of which was obtained by The STAR yesterday, Assistant Ombudsman Leilanie Bernadette Cabras said the anti-graft agency is giving Malacañang “an opportunity to exercise (its) administrative disciplinary authority.”

“May we refer to your office, for appropriate action, the attached complaint of Mr. Rene Zapiter (an officer of the MWSS Labor Association) against (Esquivel), a presidential appointee, alleging certain irregularities committed in connection with the discharge of his duties and functions, as stated in the complaint,” the Office of the Ombudsman said.

Cabras said the graft case against Esquivel is being forwarded to Ochoa for possible administrative action in line with the provisions of Republic Act 6770 or the Ombudsman Act.

Section 20 of the law provides that the anti-graft agency “may not conduct the necessary investigation of any administrative act or omission complained of if it believes, among others, that the complainant has an adequate remedy in another judicial or quasi-judicial body.”

Section 23 also states that “at its option, the Office of the Ombudsman may refer certain complaints to the proper disciplinary authority for the institution of appropriate administrative proceedings against erring public officers or employees.”

Cabras said the graft complaint against Esquivel is also being referred to Ochoa in line with the “time honored doctrine of exhaustion of administrative remedies” before the Office of the Ombudsman takes cognizance of the case.

The anti-graft agency told the Palace to inform it of what action is taken within five days after receipt of the letter considering that the Ombudsman Act also provides for penalties against inaction.

“Any delay without just cause in acting on any referral made by the Office of the Ombudsman shall be a ground for administrative action against the officers or employees to whom such referrals are addressed and shall constitute a graft offense punishable by a fine of not exceeding P5,000,” the law states.

The MLA filed at least 11 graft complaints against Esquivel, with the latest lodged earlier this month accusing him of involvement in the allegedly anomalous hiring of 21 students under the Special Program for Employment of Students last year. – With Rhodina Villanueva