Ombuds ditches plaint against village officials

CEBU, Philippines - The Office of the Ombudsman-Visayas dismissed an administrative complaint filed against barangay officials of Cambaro, Mandaue City for insufficiency of evidence.

Graft investigator Eleanor Tayad-De Mira cleared barangay captain Vicente Domasian Jr., barangay councilman Celma Sanchez and barangay treasurer Maribeth Parba of gross misconduct and/or gross dishonesty.

“Wherefore, finding no substantial evidence to hold respondents liable for gross misconduct and/or gross dishonesty, this case is hereby dismissed,” the decision reads.

The complaint was filed by Guy Anthony Postigo, a resident of barangay Cambaro.

He said he knew Herenias Cortes, as one of the members of the Sangguniang Barangay. He died on June 20, 2009.

However, he said despite the death of Cortes, respondents released the honorarium of the latter in full for the month of June 2009 in the amount of P4,788.07.

Furthermore, he said that upon verification, he found out that the name of Cortes was still included in the budget for 2010.

“…the said inclusion of the name of the late Cortes in the budget and the release of the entire amount of his honorarium to his family is highly anomalous and grossly prejudicial to the government, as well as the residents of Barangay Cambaro in particular,” he said.

In his counter-affidavit, Domasian admitted the time of death of Cortes and that the family of the latter received full monthly honorarium for June 2009 of Cortes.

For the issue of inclusion, he said it was done for the purposes of “comparison” of the payroll figures for 2009 and 2010 as part of the budget paper work and intended for whoever would replace him.

In her seven-page decision, de Mira ruled the complainant failed to indicate whether Cortes was not able to attend the sessions of the barangay for the month of June 2009 or failed to perform his duty.

However, she said assuming Cortes failed to attend the session in June 2009, which is mandated under the Section 52 of the Local Government Code, his untimely death due to blunt traumatic injuries on the head and trunk and the substantial performance of his function was not disputed, he found the grave dishonesty failed.

“This Office does not find any evident bad faith or manifest partiality on the part of respondent Domasian Jr. in allowing the payment of the full net of the honorarium of the deceased Cortes to his family,” the decision reads.

She said the inclusion of the name of Cortes in the budget for 2010 was not tantamount to gross dishonesty because the mayor of Mandaue City has not yet appointed anybody to replace Cortes.

De Mira added Domasian was able to clarify that the inclusion was for the purpose of completing the set of officials for comparison between 2009 and 2010 for payroll purposes.