Author Topic: Former OGCC Chief Devanadera, 3 others, ordered dismissed  (Read 746 times)

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Former OGCC Chief Devanadera, 3 others, ordered dismissed
« on: November 17, 2017, 04:52:50 PM »
Former OGCC Chief Devanadera, 3 others, ordered dismissed from the service with all accessory penalties - 02 June 2011, source: Ombudsman Website
visit https://goo.gl/zf9rLb

Acting Ombudsman Orlando C. Casimiro dismissed from the service former Chief Government Corporate Counsel Agnes VST Devanadera, and three others in connection with unlawful grant of allowances for herself and her staff in 2007.
          In a 23-page Decision, Devanadera, her former Head Executive Assistant (HEA) Rolando Faller, Asst. Government Corporate Counsel Jose Marie Capili and Accountant Divina Gracia Cruz were all found guilty of Grave Misconduct, Dishonest, and Conduct Prejudicial to the Best Interest of the Service.
          They were meted the supreme penalty of dismissal from the service including accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment in the government service.
          They were likewise ordered jointly and solidarily to restitute to the OGCC Trust Liablity Account the total amount of P760,000.
          Records of the case revealed that the OGCC and the Government Service Insurance System (GSIS) entered into an agreement for the conduct of extrajudicial foreclosure of delinquent real estate loan accounts of the GSIS. Under the said agreement, the GSIS shall pay for the actual cost to be incurred, and special assessment fees for the services rendered.
          Under the said project, Devanadera was paid the amount of P500,000 and Faller, P200,000 as attorney’s fees supposedly as their partial share in the special assessment fees.
          However, the Decision stated that while the Administrative Code of 1987 authorizes the OGCC to receive attorney’s fees, “clearly, what is contemplated here are attorney’s fees awarded by the courts in connection with a litigated case xxx”. On the other hand, the foreclosure of real properties does not entail litigation as it is extrajudicial in nature.
          Hence, it said the payment of said amount is contrary to OGCC Office Order No. 006, s. 2004 which allows the payment of attorney’s fees to be distributed to handling lawyers of litigated cases as incentives, taking into account “the effort and skill required in litigating the same”. It is likewise contrary to OGCC Office No. 078, s. 2005 which defined attorney’s fees as “those attorney’s fees ‘adjudged’ or awarded as part of damages in litigated cases”.
          It was also discovered that Devanadera was paid P100,000, and Faller P30,000 “supposedly for the purchase of reading materials to aid them in the discharge of their functions”, also charged against the fees received under the same project.
          But the Decision explained that “there is no evidence adduced by respondents Devanadera and Faller that they actually purchased reading materials and that said reading materials exist in OGCC premises”.
          Aside from the administrative sanction, Devanadera, CApili, and Cruz were charged for four counts of  Violation of Sec. 3(e) of RA 3019 (Anti-graft and Corrupt Practices Act); and Faller, two counts for Violation of the same law before the Sandiganbayan.
          Charges for four counts of Malversation against Devanadera, Capili and Cruz; and two counts for the same offense against Faller have also been filed before the anti-graft court.

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