Ombud drops admin case vs. 2 Toledo City employees

CEBU, Philippines - The anti-graft office has dismissed the administrative case filed against the Toledo City’s accountant and pre-audit section employee citing insufficient evidence.

 Graft investigation and prosecution officer Vivien Leigh Santiago-Lumangtad found no evidence to hold respondents Pablo Mahinay and Ma. Dinah Roa, liable for dishonesty and grave misconduct.

“Respondents could not be held liable for said offenses. It is settled that in administrative cases, the degree of proof required is substantial evidence, which means relevant evidence a reasonable mind might accept as adequate to support a conclusion,” the decision reads.

 Acting on the report of the Commission on Audit (COA)-7, the Public Assistance and Corruption Prevention Office (PACPO) filed an administrative case against the respondents over alleged anomalies in the purchase of items.

The complaint stated that on April 16, 2004 then barangay captain of Sangi entered into a contract with Obeso Sand and Gravel Aggregate to supply the 217 cubic meters of backfilling materials and 11 units of pre-fabricated concrete posts intended for the development of Barangay Sangi Elementary School.

Based on the documents, a partial payment was made to the supplier sometime in June 2004 in the amount of P19, 570 for 108.8 cubic meters of backfilling materials and six units of pre-fabricated concrete posts.

 Another P17, 527.50 was paid to the supplier on July 23, 2004 for 108.5 cubic meters of backfilling materials and 5 units of pre-fabricated concrete posts.

 However, the COA audit observation report pointed out that the contract entered into by the barangay captain was tainted with irregularities.

 â€œThere was a short delivery of P108.5 cubic meters of backfilling materials and five units of pre-fabricated concrete posts costing P18,450,” the COA report said.

 Finding sufficient evidence to proceed with the preliminary investigation, respondents were directed to file their respective counter-affidavits.

 In his counter-affidavit, Mahinay said he was not the one who signed the disbursement voucher but his assistant, Rebecca Encabo.

 Roa, for her part said she affixed her signature in the disbursement vouchers number 1 and 2 because they were all supported by necessary documents. She however, denied the allegation of the COA that disbursement voucher no. 2 was a mere photocopy of disbursement no. 1. She said the two disbursement vouchers have separate inspection reports and certificates of acceptance.

 In her seven-page decision, Lumangtad ruled in favor of the respondents. She said the PACPO has no other evidence except the allegation that there was a shortage of delivery.

 Mahinay has already retired from the government service in 2006. — (FREEMAN)