Hole of Justice: Misrepresentation

Hole of Justice: Misrepresentation: Hole of Justice By Peter G. Jimenea   Misrepresentation   The Director of the National Library filed a complaint with the Office...

Hole of Justice: Misrepresentation

Hole of Justice: Misrepresentation: Hole of Justice By Peter G. Jimenea   Misrepresentation   The Director of the National Library filed a complaint with the Office...

Misrepresentation

Hole of Justice

By Peter G. Jimenea
 

Misrepresentation

 

The Director of the National Library filed a complaint with the Office of the Ombudsman, against Lily,  her Asst. Director, for Violation of RA 3019, or the Anti-Graft and Corrupt Practices Act, as amended.

 

The case stemmed from dishonesty of Lily when she declared in her bio data that she had been a consultant of the National library from March 2003 to 1999 and attached it to her application seeking the position of Assistant Director of the National Library in 1996.

 

After investigation, it was discovered that Lily merely held the position from Mar. 1, 1993 to December 1994. She, however, asserted that the bio-data was inadvertently attached to her application for Asst. Director of the National Library without initial or signature in 1996.

 

A Graft Investigation Officer I of the Office of the Ombudsman found petitioner not guilty of the offense charged and dismissed the case for lack of merit. Upon review by the Office of Legal Affairs, it found Lily guilty of dishonesty and dismissed her from government service.

 

Lily sought recourse before the Court of Appeals in CA-G.R. SP No. 57158, arguing that:

1.      The honorable Office of the Ombudsman, through its office of the Chief legal counsel, erred in holding that it had the requisite jurisdiction to act on the complaint  for an act committed three years ago and the petitioner is not within the scope of applicability of RA 6770;

 

On  August 11, 2006, the CA denied the instant petition and the assailed Memoranda dated October 21, 1999 and January 5, 2000 of the Office of the Ombudsman in OMB-ADM-0-99-0517 are AFFIRMED.

 
Hence the Petition, Lily argues that the CA erred when it ruled that the Ombudsman has jurisdiction over administrative case filed three years ago. And before her entry into government service, nobody has even shown interest over it.

 

SEC. 21, Officials Subject to Disciplinary Authority; The Office of the Ombudsman shall have disciplinary authority over all elective and appointive government officials including its agencies and instrumentalities except over members of Congress and the Judiciary who may only be removed by impeachment.

 

SEC. 20, Exceptions.  The Ombudsman “may” not conduct the investigation of any administrative act or omission complained of if it believes that the complaint was filed after one year from the occurrence of the act of omission complained of.

 

But in Office of the Ombudsman v. De Sahagun, the Court held that the period stated in Section 20 (5) of R.A. No. 6770 does not refer to the prescription of the offense, but to the discretion given to the Office of the Ombudsman on whether it would investigate a particular administrative offense or not.

 

The use of the word "may" in the provision is construed as permissive and operating to confer discretion. Where the words of a statute are clear, plain and free from ambiguity, they must be given their literal meaning and applied without attempted interpretation

 

SEC. 46.(18), Title I, Book V of the Administrative Code of 1987 provides.... Discipline: General Provisions. (b), even if the dishonest act was committed by the employee prior to entering the government service, such act is still a ground for disciplinary action.

 

WHEREFORE, premises considered, Lily’s petition is DENIED. The Decision dated August 11, 2006 and Resolution dated October 23, 2006, of the Court of Appeals in CA G.R. SP No. 57158, are AFFIRMED. (SC Third Division. G.R. No. 175115 : December 23, 2009)cha

fice of the Ombudsman in OMB-ADM-0-99-0517 are AFFIRMED. Cha

 

Hole of Justice: The Basis of Blasphemy

Hole of Justice: The Basis of Blasphemy: Hole of Justice by Peter G. Jimenea   The Basis of Blasphemy   O ne of the government offices with poor performance today is...

The Basis of Blasphemy

Hole of Justice

by Peter G. Jimenea

 

The Basis of Blasphemy

 

One of the government offices with poor performance today is the Office of the Ombudsman. Except for the honest ones, I cannot imagine how this office had been affected by irresoluteness of its former officials.

 

The killings of eleven Hong Kong tourists at the Quirino Grandstand and of a police officer few years ago is said to have been blamed by relatives of the latter to the gross neglect of Emilio Gonzales, the Deputy Ombudsman for Military and Other Law Enforcement Office (MOLEO), who immediately resigned after the incident.

 

The Supreme Court (SC) cleared the police officer due to technicalities as it was the fault of a traffic deputy. When the SC ordered the Ombudsman to reinstate the poor policeman, the order has fallen asleep at his Office until the policeman run amuck in desperation.

 

Rumor mills are grinding overnight that the reinstatement failed because the poor cop cannot meet that requirement, one we have yet to know. Ombudsman Conchita Carpio Morales should also know that when Ombudsman Merceditas Gutierrez stepped down, she left us no guarantee that all crooks will go with her.

 

Look at the failed Iloilo City Housing Project for City Hall employees at Pavia, Iloilo. The case was filed in 2004 and resolved by a set of Graft Investigators in 2005. But it only slept there at the office of Ombudsman Gutierrez for over five years.  

 

In 2010, Overall Deputy Ombudsman Orlando Casimiro sent a decision to Deputy Ombudsman for the Visayas Pelagio Apostol indicting former Mayor Mansueto Malabor and others in his administration. Yet, he is still groping in the dark for a probable cause against Mayor Jerry Trenas (now congressman) and his wards.

 

This is what got us so badly disillusioned. A first year law student can easily say that the unauthorized payment in millions of pesos by then Mayor Trenas to the contractor Alex Trinidad is already embraced in RA 3019,  the Anti Graft and Corrupt Practices Act.

 

But the Ombudsman has a unique power. It may or may not conduct an investigation of any administrative act or omission complained of. In Office of the Ombudsman v. De Sahagun, the Court held that the period stated in Section 20 (5) of R.A. No. 6770 is not a prescription but a discretion of the Ombudsman whether to investigate a particular offense or not.

 

Further, the word "may" in the provision is construed as the permissive and operating to confer discretion. And the law says, “where the words of a statute are clear, plain and free from ambiguity, they must be given their literal meaning and applied without attempted interpretation.”

 

Finally, however, the taxpayers’ dilemma nearly ended in the brink of insanity with the November 11, 2012 decision of the Ombudsman. After review by Dir. Virginia Palanca Santiago and recommended for approval by Deputy Apostol to Ombudsman Morales, the latter signed the vague decision.

 

It reads: “The information accusing Jerry P. Trenas, Melchor Tan, Edwin Bravo, Catherine Tingson and Alex Trinidad for Violation of Section 3, Par (e) of RA 3019 as amended, for causing the release of the P43,807,733.73 for construction works of the ICHP in Pavia, Iloilo, despite reports that substandard materials were used in the project and defects, deficiencies and lapses in the works were NOTED, is hereby SET ASIDE.”-

 

The term SET ASIDE with nothing follows is what got us so badly disillusioned. Why not DISMISS the case if it is baseless? Well, the dangling of such decision for many years has given us the reasons to say that this injustice to the taxpayers’ money is now a scroll that forms the basis of their blasphemy!

 

Hole of Justice: The Neophytes at Checkpoints

Hole of Justice: The Neophytes at Checkpoints: Hole of Justice By Peter G. Jimenea   The Neophytes at Checkpoints   The manning of PNP-COMELEC checkpoints by neophyte mem...

The Neophytes at Checkpoints

Hole of Justice

By Peter G. Jimenea

 

The Neophytes at Checkpoints

 

The manning of PNP-COMELEC checkpoints by neophyte members of the police force is sometimes irritating.  I have no intent to blight the good ones, but there are few who failed to observe the good behavioral-conduct of a police officer.

 

Their interest in single-motorcycle riders at the checkpoint is understandable due to the alarming incident of unsolved crimes perpetrated by motorcycle criminals riding in tandem. But not all motorcycle riders are bad, most are peaceful taxpayers.

 

This is what worries us. Is it difficult for the neophytes in police service to say good morning, good afternoon or good evening to people they stopped at checkpoints? I don’t think this is what they learned from the academe and during training.

 

Perhaps the command has failed to give the police neophytes the seminar on behavioral conduct on why they looked like cowboys with less-working brains. The bad-manners of the police at PNP-COMELEC checkpoints is a shame to the uniform they are so proud of.

 

This reminds me of the retired P/Supt. Norlito Bautista when still a Police City Director. I was then turning from the right side of the road to the left to cross the Jalandoni Bridge in Barangay Nabitasan, La Paz when stopped by a traffic aide. He said I violated the NO U TURN traffic sign.

 

I disagree knowing it was not a U-Turn but a left turn going to the bridge. But I am in a hurry and to stop the argument, I gave him my driver’s license. It was only a misfortune that I noticed his wearing only slippers and I called the attention of the police director.

 

Supt. Bautista told me it is not the proper uniform for a city traffic aide on the street and immediately dispatched a team to check. Although I paid a fine to get back my driver’s license, I was consoled upon learning the guy has got the spanking he deserved for his stupidity.

 

May I then suggest to Traffic Management and Transport Regulatory Office (TMTRO) Chief, Engr. Jose Tengco that he should replaced that traffic sign NO U TURN to a NO LEFT TURN to avoid future squabble between vehicle-owners and traffic aides in that area.

 

Going back to police business, the Land Transportation Office (LTO) should deputized only police officers with proper knowledge about traffic violations. A bad experience on this mess would not easily go away.

 

Take this case that happened three years ago. It was February 22, 2010, when I instructed my son to process the emission test and the stencils of the motor and chassis numbers of my motorcycle required by the LTO prior to renewal of its registration.

 

On the way home at about 11:30 am, he was stopped at the PNP-COMELEC checkpoint in Calumpang, Molo, Iloilo City. Despite the complete documents, the motorcycle was impounded on the ground that he has no driver's license, except a Temporary Operator’s Permit (TOP).

 

Accordingly, he was told by the police team leader at the checkpoint to look for someone with driver's license to get the impounded motorcycle at the checkpoint. So, when told, I went there immediately as it is just a block away.

 

Without due courtesy, a police inspector from Molo Police Station ordered a PO2 to issue a ticket for traffic violation. When asked by a subordinate what should be written in the TOP as violation to be charged against me, he said “Disregarding.”

Despite my protestation, I was forced to sign the TOP for fear that once the motorcycle is brought to the police station, some parts might get lost and the replacement will cost me more. This is already my bad experience before.

 

To make the story short, I paid the fine with a note on my TOP “payment under protest.” Nobody wants to sign the original TOP which I decided to keep in my possession for the filing of cases against the two policemen. When my lawyer started drumbeating, the two police officers eventually surrendered.  

 

The police inspector wronged in formulating a traffic violation - “Disregarding!” So, the wild tiger became a domesticated cat so gentle. Neophytes should bury this messy police mess, that; “Once people in trouble turn to the police, today, they’ll be in more trouble if they run to the police!” Take its lesson to the heart.

Hole of Justice: Battle at the 2nd District

Hole of Justice: Battle at the 2nd District: Hole of Justice By Peter G. Jimenea   Battle at the 2 nd District   The buzzer has already sounded for 2013, challenging t...

Battle at the 2nd District

Hole of Justice

By Peter G. Jimenea
 

Battle at the 2^nd District

 

The buzzer has already sounded for 2013, challenging the leadership of Cong. Augusto “Boboy” Syjuco in the Second District of Iloilo. There are two protagonists fitted against Cong. Syjuco in the upcoming May 13 election.

 

One is graduating Pavia Mayor Arcadio Gorriceta. The other is Cong. Salvador “Kiting” Cabaluna III of Partylist, I Care. Both have pedigree from their respective clan who have served the province of Iloilo.

 

It is seen to be a good fight between the three protagonists. Mayor Gorriceta of the administration’s Liberal Party, Cong. Syjuco of the United Nationalist Alliance (UNA) and Cong. Cabaluna, independent candidate,

 

Rumor mills, however, are grinding overnight that Cong. Cabaluna is supported by majority of the big leaders in three towns of Leon, San Miguel and Alimodian. What a great advantage if indeed true.

 

But Mayor Gorriceta also claimed that he has the support too of the incumbent mayors from Zarraga, Leganes and Sta. Barbara. In which case, where does Cong. Syjuco stand in this regard?

 

For sure the congressman of the Second District cannot be taken for granted. He has the ability and capacity to tilt the balance of election trend in his favor. In fact, he and wife Judy has always won the race for Congress.

 

It was only a misfortune that this time, the barrel of Mayor Gorriceta’s gun is centered on the congressman as a marked target. Take a look at the towering billboards the mayor has erected for public viewing at the roadsides going to the Iloilo airport.

The printed lines say; “Stop Graft and Corruption. Be honest. Don’t Lie. Don’t Steal. Don’t Make Promises You Cannot Fulfill.” The people know the insulting message is intended for Cong. “Boboy” Syjuco.

 

But that is not only what we are looking for. Mayor Gorriceta also said Cong. Syjuco is facing a plunder case and will be soon served a warrant for his arrest. To date, however, the congressman is still visibly seen at his turf and in the city.

 

What’s more, Cong. Syjuco cannot be intimidated by issues. He even retaliated too, by citing the corruption of the mayor on projects at the latter’s town. He also linked the name of Sen. Franklin Drilon on the air for his unreleased CDF as the handiwork of the senator.

 

But in their desire to pin down each other, they forgot the third player in the race. Mayor Gorriceta has the edge over the two being a bet of the administration’s Liberal party but he cannot say Cong. Cabaluna is a weak candidate compared to UNA’s Cong. Syjuco.

 

The public believed the mayor has an advantage over his two opponents and another favorable condition for him is the hanging threat of the plunder case against his nemesis Cong. Syjuco. Likewise, he believes that Cong. Cabaluna lacks the sufficient logistics to finance his election, this gives him the confidence to win the congressional race this time.

 

But political animas believed otherwise. If the warrant of arrest for the plunder case is true and shall be served to Cong. Syjuco before election, the dream of Sen. Drilon for the Pavia mayor to become a congressman may redound into a nightmare.

 

Cong. Syjuco had been an undefeated congressman for nothing. He can give his adversaries the taste of what it takes if the push comes to shove. The congressman still had loyal supporters in the Second District and you know what that means.

 

He has the money and it can command his followers to sway their votes to Cong. Cabaluna - not to the Pavia mayor. The end-result could put the right senses of both Sen. Drilon and Mayor Gorriceta in the brink of insanity. Nobody may believe it, but this claim makes sense!