■ ANTI-GRAFT OFFICE INDICTS LTFRB 7 HEARING OFFICER
Atty. Evelyn Carmelita Misal, LTFRB 7 hearing officer, was charged with violating the Anti-Graft and Corrupt Practices Act by the Office of the Ombudsman-Visayas. The case stemmed from the complaint filed by Felix Lao, who owns 10 taxi units in Cebu City. In 2012, he discovered that the certificates of public convenience (CPCs) for three of his taxi units were transferred to KR Wheelers Cab without his consent. Lao said that Misal issued a notice of hearing of transfer of the CPCs on July 3, 2008 despite irregularities in the documents. Misal, for her part, said the LTFRB director approved the application for transfer of CPCs, not her. She merely issued the notice of hearing and tackled the application for the transfer, she said.
The Office of the Ombudsman-Visayas has indicted an official of the Land Transportation Franchising and Regulatory Board (LTFRB) in Central Visayas over alleged illegal transfer of a certificate of public convenience (CPC) in 2012.
Darius Sagadal, graft investigation and prosecution officer, found evidence to charge lawyer Evelyn Carmelita Misal, LTFRB 7 hearing officer, with violation of the Anti-Graft and Corrupt Practices Act.
“Respondent issued the notice without the necessary notarized documents before her. Hence, respondent was negligent or did not bother to examine the documents submitted before issuing a notice,” read Sagadal’s resolution.
The case stemmed from the complaint filed by Felix Lao, who accused Misal of violating the An- ti-Graft and Corrupt Practices Act.
Lao, who owns 10 taxi units in Cebu City, said he discovered in 2012 that the CPCs for three of his taxi units were transferred to KR Wheelers Cab without his consent.
At first, Lao suspected that his son caused the transfer of the CPC. But his son denied any wrongdoing, prompting Lao to conclude that his signatures in the CPCs were forged.
He denied issuing a special power of attorney authorizing his son to execute the transfer of CPCs to KR Wheelers Cab.
Lao said Misal issued a notice of hearing of transfer of the CPCs on July 3, 2008 despite irregularities in the documents.
Replying to the charges, Misal argued that the LTFRB director approved the application for transfer of CPCs, and not her.
The approval of the transfer was not within her jurisdiction and that she merely issued the notice of hearing and tackled the application for the transfer.
Since no one opposed the application, Misal said she considered the application as “uncontested.”
In the resolution, graft investigator Pacquiao said Misal could be held liable of Sec. 3 (e) of the Anti-Graft and Corrupt Practices Act.
Pacquiao said that Misal, being the hearing officer, is mandated to ensure that the application for transfer of CPCs are real and not simulated.
Misal’s act of recommending the approval of the transfer of CPCs gave KR Wheelers Cab an “unwarranted benefit.”
“This lapse or neglect on respondent’s part is considered gross and inexcusable be cause it resulted to complainant losing the CPCs for three of his taxis,” said Pacquaio. /