MANILA, Philippines - Muntinlupa City Mayor Aldrin San Pedro was absolved of graft charges after the Office of the Ombudsman ruled that the complainant failed to exhaust all administrative remedies.
In dismissing the criminal charges against San Pedro, city administrator Roberto Bunyi and city personnel head Cecilia Lazarte, the anti-graft agency said the complaint of Ariel Dolleton, a former city department head, was “prematurely” filed.
“The complainant (Dolleton) should first exhaust all administrative remedies open to him under the law,” read the decision, written by acting Assistant Ombudsman Jose de Jesus Jr.
The Ombudsman said Dolleton should have filed the case before the Civil Service Commission (CSC) as the case involves issues on “personnel actions.”
“These issues properly belong to the jurisdiction of the Civil Service Commission as these are considered personnel actions and are considered non-disciplinary,” read the decision.
“Absent a prior determination of the propriety or impropriety of the acts of the respondents this criminal complaint is still premature and consequently must be dismissed.”
Dolleton filed the complaint before the Office of the Ombudsman to question his removal as department head in 2007.
He also alleged his salaries, benefits and allowances from Aug. 1 to 15, 2007 were also withheld.
Last year, the Office of the Ombudsman also dismissed a similar case filed by Jaime Ventura – also a former department head under the administration of then mayor Jaime Fresnedi – against San Pedro, Bunyi and Lazarte.
In dismissing the case, the Ombudsman said Ventura should have filed the case before the CSC.