CA REVERSES OMBUDSMAN’S DECISION DISMISSING CEBU CITY ENGINEER

The Court of Appeals (CA)-19th Division has reversed the decision of the Office of the Ombudsman-Visayas dismissing the former assistant Cebu City engineer over allegations of grave misconduct.

The decision, penned by Associate Justice Edward Contreras, stated that there was not enough evidence that would prove June Nadine Sison’s involvement in any illegal activity.

Sison can go back to work, after the Civil Service Commission will issue an order.

Lawyer Rod Francis Bagaslao, Sison’s counsel, welcomed the decision, saying it vindicated his client.

In 2014, the Ombudsman ordered the dismissal of Sison and two other Department of Engineering and Public Works (DEPW) officials, for allegedly asking money and items from a contractor of city-funded projects.

The anti-graft office held Juanito Pua Jr., head of the construction division of DEPW; Joel Pasatiempo, project inspector; and Sison liable for grave misconduct, conduct prejudicial to the best interest of public service and violation of the Anti-Graft and Corrupt Practices Act.

Pasatiempo and Pua also appealed their cases to the CA, which has yet to issue a decision.

The case stemmed from an administrative complaint filed by Robert Montenegro, who accused the three engineers of asking for a computer and a digital camera from him.

He further said the engineers asked him to allow them to enter into a subcontract in one of his projects through a dummy representative.

Montenegro owns Fe & A Construction Services, which handled the renovation of the existing emergency room of the Cebu City Medical Center (CCMC) and four other infrastructure projects.

The DEPW officials were also charged with violation of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.

The CA’s decision said that Montenegro’s allegations against Sison were blatant lies.

Montenegro claimed that Sison issued a suspension order, dated Jan. 23, 2012, as a form of harassment and retaliation for his refusal to give in to the respondents’ demands.

The evidence, however, showed that Montenegro requested for the suspension because the CCMC management was still finalizing the floor plan for the emergency room’s renovation to conform with the standards. /