MANILA, Philippines - The Court of Appeals (CA) has cleared Quezon City Councilor Roderick Paulate and three others of administrative charges over ghost employees in the payroll of the city council in 2010.
In a 17-page decision released recently, the appellate court’s Fifth Division reversed the suspension order issued by the Office of the Ombudsman in February last year against Paulate, former councilor Francisco Calalay Jr. and two staff members.
The CA cleared Paulate, Calalay, Vicente Bajamunde and Flordeliza Alvarez of falsification of official documents, serious dishonesty, grave misconduct and conduct prejudicial to the best interest of the service.
It held that the ombudsman failed “to prove any link between the petitioners and the alleged illegal transaction.”
The appellate court ruled that Paulate and the other petitioners were able to prove that they had no hand in the commission of the alleged irregularities.
“They may have signed and issued certifications in furtherance thereto. However, they merely relied in good faith on their subordinates. There was no substantial evidence to prove that they planned and conspired to defraud the government and benefit therefrom,” read the ruling penned by Associate Justice Stephen Cruz.
In the assailed ruling, the ombudsman found that Paulate and Calalay employed personnel who turned out to be fictitious persons.
Calalay hired 29 ghost employees from January to November 2010. Paulate had 30 from July to November 2010.
Calalay disbursed P2.175 million for the wages of his ghost employees. Paulate disbursed P1.125 million, through submission of spurious personal data sheets and payrolls, according to the anti-graft court.
Despite the dismissal order, Paulate won another term in the city council in the last elections.
Calalay lost in his congressional reelection bid to Rep. Vincent “Bingbong” Crisologo.