3 Mindanao mayors dismissed from service, 3 more face criminal charges
DAVAO CITY – The Office of the Ombudsman has ordered the dismissal from service of three mayors and 27 other local officials from all over Mindanao for Grave Misconduct, Serious Dishonesty, Gross Neglect of Duty, and Conduct Prejudicial to the Best Interest of the Service.
Dismissed from service are Cagayan de Oro (CDO) City Mayor Oscar Moreno, Mayor Vicente Fernandez of Matanao, Davao del Sur and Mayor Ali Untao Adiong of Ditsa-an Ramain, Lanao del Sur. They were also perpetually barred from holding public office.
Three other mayors, four vice-mayors and 30 other local officials in Mindanao were also criminally indicted last month for various charges ranging from violation of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act), Malversation, failure to liquidate cash advances and irregularities in the procurement process, among others.
Those who had been criminally indicted include former CDO Mayor Vicente Emano, Tandag City Mayor Alexander Pimentel and Mayor Diosdado Pallasigue of Isulan, Sultan Kudarat.
In a decision approved on October 06 by Ombudsman Conchita Carpio Morales, Mayor Moreno was found to have committed Grave Misconduct for entering into a settlement agreement with Ajinomoto Philippines without prior authorization from the SangguniangPanlungsod in violation of R.A.No. 7160 (The Local Government Code).
The agreement allowed Ajinomoto to pay P300thousand instead of its original local business tax deficiency of P2.9 million.
The Office of the Ombudsman ruled that the approval of the agreement by the court cannot, in any way, legitimize the acts of Moreno. Dismissed together with Moreno was Glenn Bañez, officer-in-charge of the Treasurer’s Office.
Ombudsman Morales also approved on October 05 the dismissal from service of Mayor Fernandez for Grave Misconduct. Fernandez, who is facing criminal charges for the murder of a journalist, was found to have been discharging his functions as mayor even while in detention. These functions include issuing office orders, business permits and appointments, and signing official documents, among others. He was also criminally indicted for violation of Article 177 of the Revised Penal Code (Usurpation of Official Functions).
Meanwhile, in a Decision approved on September 17, Mayor Adiong was found guilty of Grave Abuse of Authority, Grave Misconduct and Oppression for ordering the burning of a truck owned by JERA General Construction. The firm was hired by the Lanao del Sur Electric Cooperative, Inc. (LASURECO) to install concrete electric posts and distribution lines in the municipality. Several witnesses positively identified Mayor Adiong as the one who gave the order to burn the truck.
On September 22, the Office of the Ombudsman found probable cause to indict former CDO Mayor Emano for his willful refusal to implement a final and executory decision of the Civil Service Commission (CSC), in violation of the Revised Administrative Code of 1987. The case stemmed from a complaint filed by Administrative Assistant III Leonor Esparcia who was transferred and detailed to the City Library as watchman,which resulted in the diminution of her rank or status. Aggrieved, Esparcia challenged her transfer before the CSC which ruled that she should be restored to her original position. Emano failed to file an appeal and refused to implement the CSC directive.
Mayor Pimentel of Tandag City, Surigao del Sur, on the other hand, was charged with violation of Section 3(e) of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act), for his refusal to pay Mario Cuartero, a member of the Sangguniang Panlungsod, the total amount of P 485,369.24 representing the latter’s salaries, allowances and bonuses for the period July 2010 to June 2011.
Also criminally charged was Mayor Diosdado Pallasigue of Isulan, Sultan Kudarat for violation of Sections 3(e) and 3(f) of R.A. No. 3019 for willfully and deliberately refusing to implement the return to work order, issued by the CSC in favor of Municipal Planning and Development Coordinator Elias Segura, Jr. in March 2014. He was found to have acted with manifest partiality and evident bad faith in refusing to implement lawful orders from competent authorities without justifiable cause.
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