Author Topic: Ombudsman wins graft case vs labor arbiter  (Read 489 times)

MikeLigalig.com

  • FOUNDER
  • Webmaster
  • *****
  • Posts: 33284
  • Please use the share icons below
    • View Profile
    • Book Your Tickets on a Budget
Ombudsman wins graft case vs labor arbiter
« on: November 24, 2017, 06:51:16 PM »
Ombudsman wins graft case vs labor arbiter
17 August 2012

     The Office of the Ombudsman won the graft case filed against a labor arbiter, after the Sandiganbayan found him guilty of violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).

     In a 19-page Decision promulgated on August 7, 2012 penned by Associate Justice Teresita Diaz-Baldoz and concurred in by Associate Justices Napoleon Inoturan and Oscar Herrera Jr., the Sandiganbayan’s Second Division sentenced Ricardo G. Barrios Jr., labor arbiter of the National Labor Relations Commission (NLRC), assigned in Cebu City, to suffer the penalty of imprisonment ranging from six years and one month as minimum, to nine years, one month and one day as maximum.

    The anti-graft court imposed upon Barrios the additional penalty of perpetual disqualification from holding public office, and also ordered him to pay Eduardo Abella the amount of P25,000.

     The case against Barrios arose when he modified a Court of Appeals (CA) resolution (Philippine Telegraph & Telephone Corporation vs. NLRC and Eduardo Abella), which had become final and executory.

   The CA decision granted Abella separation pay, backwages, back-leave benefits, back-13th month pay, and other back allowances and bonuses, in the total amount of more than P1.4 million.

     In Barrios’ order dated December 9, 2005, PT&T was directed to pay Abella only separation pay in the amount of P113,000.

     Abella filed a complaint-affidavit against Barrios before the Office of the Ombudsman for corrupt practices by depriving him of the other benefits due him.

     During trial, Abella testified that Barrios asked him how much was his if the award is raised from P1,060,000 to P1,326,000.

     When he told Barrios that he could only afford P20,000, the latter said it was “gamay” or small.

     Hence, Abella increased the amount to P30,000. On his way out of the room, Barrios asked him if he had some cash with him because he needed it very badly.

     Abella gave Barrios P1,500 and left the room. After a few days, the writ of execution was already issued, for the bigger amount of more than P1.4 million.

     In its Decision, the anti-graft court stated that a decision that has attained finality becomes the law of the case regardless of any claim that is erroneous, and that the writ of execution must conform to the judgment to be executed and adhere strictly to the very essential particulars.

     The court found that Barrios’ criminal liability “has been sufficiently established, not because the accused failed to adduce evidence in his behalf, but because the evidence presented by the prosecution is strong enough to overcome the presumption of his innocence.”

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=88501.0
John 3:16-18 ESV
For God so loved the world, that he gave his only Son (Jesus Christ), that whoever believes in him should not perish but have eternal life. For God did not send his Son into the world to condemn the world, but in order that the world might be saved through him. Whoever believes in him is not condemned, but whoever does not believe is condemned already, because he has not believed in the name of the only Son of God.

👉 GET easy and FAST online loan at www.tala.com Philippines

Book tickets anywhere for planes, trains, boats, bus at www.12go.co

unionbank online loan application low interest, credit card, easy and fast approval

Tags: