Ombuds sacks Rep. Abellanosa

CEBU, Philippines - The Office of the Ombudsman has ordered the dismissal from service of Cebu City south district Representative Rodrigo Abellanosa after he was found guilty of grave misconduct for conflict of interest in the city government’s scholarship program.

Ombudsman Conchita Carpio Morales also ordered the filing of a criminal case in court against Abellanosa for violation of Section 3(i) of Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act.

In a twin resolution dated May 16, 2014 penned by Graft Investigation and Prosecution Officer Jess Vincent Dela Peña, the anti-graft office found Abellanosa guilty of the complaint filed by Philip Banguiran, resident of Barangay Inayawan, Cebu City, on December 13, 2012. Dela Peña’s resolution was approved by Morales on October 29, 2014.

The anti-graft body has likewise ordered the cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment in the government service against Abellanosa.

The anti-graft body has endorsed the dismissal order to the House of Representatives and its Committee on Ethics for appropriate action. According to the Ombudsman, Abellanosa could not invoke the Aguinaldo Doctrine because he was not reelected to the same position.

“Respondent’s invoking the Aguinaldo Doctrine in the administrative aspect has no leg to stand on. This is so because the Aguinaldo Doctrine applies only when a public officer is reelected to the same position,” the anti-graft body said.

The case stemmed from Abellanosa’s signing of a memorandum of agreement, as trustee-president of Asian College of Technology and Asian College of Technology International Educational Foundation Incorporated, with the city government for the scholarship program. Abellanosa owns the two schools accredited by the city government.

Abellanosa, who was then city councilor when the MOA was signed on June 24, 2010, also participated in the accreditation of schools where city scholars could enroll in.

“Respondent’s exercise of dual positions has created conflict of interest which is prohibited by law,” the Ombudsman ruled.

As a result of the conflict of interest the city government has paid a total amount of P51,064,877.04 to the schools owned by Abellanosa for the school year 2010-2011 and for the first semester of 2011-2012.

The schools also have collectibles from the city government amounting to P119,752,576.62 for the second semester of 2011-2012 and for the school year 2012-2013.

“Taking advantage of his dual positions, respondent directly or indirectly obtained personal or material interest in the implementation of the city-funded scholarship program in the form of the tuition payment,” the anti-graft body said.

Abellanosa, in his counter-affidavit, denied conflict of interest on his part. He said he had no hand, nor control over the acts of the city government favoring his schools. He said that the scholarship was the act of the mayor, whose office and the city treasurer determined the schools to be accredited for the program.

Besides, Abellanosa said the beneficiaries of the program were given the choice which accredited school to enroll.

But anti-graft investigators said that even if Abellanosa voted against the resolution authorizing the mayor to enter into a MOA with his schools, he could still be held liable because it is enough that the resolution requires the approval of his office.

Under the city-funded program, each scholar is given P10,000 per semester for tuition and other expenses and P1,000 monthly allowance. — /LPM (FREEMAN)