MANILA, Philippines - The Court of Appeals (CA) has cleared former deputy ombudsman for Luzon Mark Jalandoni in the falsification case against him for alleged tampering with decisions, resolutions and orders of the anti-graft office during the previous administration.
In a 21-page decision obtained by The STAR, the third division of the appellate court reversed the March 2013 resolution of Ombudsman Conchita Carpio-Morales finding Jalandoni guilty of grave misconduct and conduct prejudicial to the best interest of the service.
The CA granted the petition of the former ombudsman official, who was indicted for 13 counts of falsification of public documents and 56 counts of infidelity in the custody of public documents through concealment along with former assistant ombudsman Nennette de Padua and former executive assistant Rosalyn Martinez.
Morales had ordered the dismissal from the service of Jalandoni and cancellation of his career service eligibility, forfeiture of retirement benefits and perpetual disqualification from holding public office.
But since he resigned in April 2011 – or two years earlier – the ombudsman slapped him with a fine equivalent to his one-year salary.
The ombudsman said there was systematic tampering of official documents that were already reviewed and signed by approving authorities, including former ombudsman Merceditas Gutierrez, through the superimposing or “patching” of the signatory portions thereof with pieces of paper bearing Jalandoni’s name, making it appear that he was the approving authority.
The CA, however, in the ruling promulgated last July 31, held there was no merit in the administrative charges and that Morales issued the order with grave abuse of discretion.
The court cited the failure of the ombudsman to rebut the argument of Jalandoni that “patching” is a “common and accepted practice” in the anti-graft prosecutorial office.