ORMOC CITY – Ten years after a fictitious person filed a complaint for payroll padding against them, the Ombudsman-Visayas has recommended the filing of 12 counts of malversation of funds through falsification of public/official documents under Article 217 of the Revised Penal Code in relation to Article 171 of the same Code against two city engineers, a foreman and a timekeeper and a personnel at the treasurer’s office.
In hot waters are engineers Elviro Ramas and Rosalino J. Maceda, engineer IV and III respectively of the City Engineering Office here; maintenance foreman Rodolfo B. Dacurawat; timekeeper Bernardo C. Samson and local revenue collection officer I Teodulfo A. Cuarto of the City Treasurer’s Office.
According to sources, four have reached retirement ages except Samson, though they are not sure if the parties were able to collect their retirement benefits because of the pending cases against them. As for Samson, they are not even sure if he still still around or has also retired.
The EV Mail cannot reach the HR department to confirm this information as yet, considering it was late Friday afternoon when the newspaper got hold of the documents.
In its resolution dated December 20, 2010 yet penned by graft investigator Atty. Maria Regina F. Hagad-Fernandez, reviewed by assistant Ombudsman Virginia Palanca-Santiago and approved by Deputy Ombudsman Apostol only on December 6, 2011, the graft office found probable cause to file criminal complaints against the five respondents.
The charges stem from a complaint filed by one Ernesto Butaal, claiming to be a resident of Brgy. District 26, whom the Ombudsman later finds out to be a fictitious person. Butaal claimed that for the period December 1, 2001 to June 30, 2002, involving at least 12 payrolls, the five allegedly conspired to commit “payroll padding” for about 20 people whom he said were non-existent or “ghost employees”.
Even as the complainant himself was proven to be non-existent, the Ombudsman continued its investigation invoking the 1987 Constitution that states “The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner …” and that it has the power to “investigate on its own” any complaint, or acts of commission or omission of any agency or government official.
The Commission on Audit was asked to conduct an inquiry on the complaint. The mayor then, Carmelo J. Locsin, also created a fact-finding body to probe the allegations. Mayor Locsin even recommended the filing of administrative charges against the five.
The COA also found reason to believe some irregularities were committed.
In their counter-affidavits, the five respondents tried to expunge their culpabilities.
Ramas said that his role was ministerial and that he wouldn’t know the 20 people on the payroll from the hundreds of laborers reporting to their office.
Maceda, Dacurawat and Samson also basically said the same, saying they just signed the paperwork presuming everything was above board. As for Cuarto who paid out the payroll, he said that he just paid out the money to those who claimed it.
The COA’s adverse findings, on the other hand, ripened into a disallowance of more than P 400,000 and on May 31, 2006, the respondents wrote accountant Rosalinda S. Muyuela agreeing to “share the payment and restitution of the disallowance by the Commission on Audit on or before December 2006.”
However, to the eyes of the Ombudsman investigator, this proved to be the nail to the coffin. “If indeed respondents are innocent of any wrongdoing relative to the payrolls, they should not have agreed to the said payment,” the resolution stated.
“One who is innocent should be as bold as a lion and insist on clearing his name instead of paying off”, the resolution added.
If found guilty by the Court beyond reasonable doubt, the charges leveled against the five carry the maximum sentence of life imprisonment. By Lalaine M. Jimenea
Ombudsman files criminal raps vs. 5 City employees
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