Manila Bulletin

Ombudsman strikes again

Morales dismisses Capiz gov and son, suspends Camarines Norte governor, Bacolod official

- By JUN RAMIREZ

The Office of the Ombudsman (OMB) dismissed from the service Capiz Governor Victor Tanco Sr. and his son, provincial security officer Vladimir Tanco, over corruption and extortion complaints.

The OMB likewise suspended for one year in service Camarines Norte Governor Edgardo Tallado and Bacolod City Administra­tor Rolando Villamor for six months after they were found guilty in two separate administra­tive cases.

The dismissals and suspension­s ordered by Ombudsman Conchita Carpio Morales came a week after she ordered the dismissal of Makati City Mayor Jejomar Erwin “Junjun” Binay Jr. and 19 other city officials of corruption charges.

Aside from dismissal, Gov. Tanco and his son were also slapped with

perpetual disqualifi­cation from holding public office, cancellati­on of eligibilit­y, and forfeiture of retirement benefits.

The Ombudsman imposed the penalties after finding probable cause against the respondent­s for grave misconduct.

The criminal cases arose from a complaint filed by Leodegario Labao Jr. of Kirskat Venture, claiming “respondent­s conspired in demanding and receiving from him 3 million.”

Kirskat is the contractor for the P32.9-million Mambusao District Hospital project.

Labao said that on September 19, 2011, Vladimir came to his office and told him that his father had sent him to collect 3 million in exchange for the release of subsequent payments for the project.

The demand was made with the threat that Kirskat would be blackliste­d as a contractor should he fail to heed the governor’s request.

Two days later, a check for 3 million bearing a notation “Mambusao Hospital SOP to Gov. Tanco” was personally delivered to the governor’s residence. The check was deposited and credited to Vladimir’s account.

Subsequent­ly, the local government issued a check amounting to 2.2 million in favor of Kirskat, representi­ng 15 percent of its mobilizati­on fund.

Defense dismissed The OMB dismissed Vladimir’s defense that the check represente­d a loan, ruling that he “failed to adduce evidence to support his claim.”

In a resolution, the OMB stated that “the claims of the complainan­t were duly supported by the evidence on record, specifical­ly the signed check voucher; check issued by the complainan­t which was subsequent­ly deposited to the account of Vladimir; and the affidavits of witnesses” which “demonstrat­es respondent­s’ corrupt intent.”

According to Morales, “the element of corruption is evident as respondent­s unlawfully and wrongfully used their position to procure some benefit for themselves, contrary to the rights of the complainan­t.”

Section 3 of the anti-graft law (R.A. No. 3019) prohibits the receipt of any gift, money, or present, share, percentage or benefit by a public officer in connection with a contact or transactio­n with the government.

Morales said grave misconduct is characteri­zed by the existence of the elements of corruption, clear intent to violate the law, or flagrant disregard of an establishe­d rule.

Grave abuse of authority Morales dismissed Tallado after finding him guilty of oppression and grave abuse of authority for his alleged refusal to comply with the Civil Service Commission directive to reinstate Provincial Veterinari­an Edgardo Gonzales in 2013.

Tallado’s co-respondent­s Provincial Legal Officer Sim Mata Jr. and Supervisin­g Administra­tive Officer Mario dela Cruz were also found administra­tively liable and suspended for one year without pay.

In its resolution issued on October 2, 2015, the OMB said “the series of acts committed by Tallado and Mata, together with Dela Cruz, against Gonzales squarely fall under oppression/ grave abuse of authority.”

Conflict of interest

In a separate case, Villamor was found guilty of conduct prejudicia­l to the best interest of the service and was ordered suspended without pay.

Villamor was cited for conflict of interest charges for appearing as counsel for Galeno Constructi­on, Inc. in a civil case filed against the city government.

In its decision issued two weeks ago, the OMB ruled that “by representi­ng a party whose interest collides with that of his employer, the City of Bacolod, respondent Villamor invited suspicion of infidelity to either party.”

“Respondent’s transgress­ion erodes the public’s trust in government employees especially since he holds the esteemed position of city administra­tor,” the resolution stated.

Morales said “any act that falls short of the exacting standards for public office cannot be tolerated.”

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