Sunday, December 17, 2017

Pamplona VM dismissed


NAGA CITY (Bicol Standard)--Ombudsman Conchita Carpio-Morales has meted the penalty of dismissal from service against Pamplona, Camarines Sur Vice Mayor Gemino Imperial in the order she signed on November 23.

Imperial is the former mayor of said town.

In the same order, the Ombudsman also imposed against Imperial the accessory penalties of forfeiture of retirement benefits, perpetual disqualification from holding public office, cancellation of civil service eligibility. He is also barred from taking the civil service examination.

The case against Imperial was filed by complainants Augustus Cesar M. Cruz III and Rene Francisco, for Conduct Prejudicial to the Best Interest of the Service and Grave Misconduct.

The complainant said that on January 14, 2014, respondent Imperial, then Mayor, representing the Municipality of Pamplona, Camarines Sur leased to Rodolfo Pua, a back hoe and motor grader at a rate of P500 each day.

The complainants said that the said contract between LGU Pamplona and Pua violated the provisions of Ordinance No. 001-2008, which fixed the rental for both pieces of equipment at P1,200.00 per hour.

Pua only paid LGU Pamplona the amount of P40,000.00 on March 11, 2015, after using both pieces of equipment for eighty (80) days.

The complainants told the Ombudsman that LGU Pamplona should have been paid the total amount of P768,000, which is based on the computation that the equipment was used for eighty (80) days, for 8 hours working period per day.

In the counter-affidavit of Imperial, he denied the allegations against him, saying that the complainants failed to show that the contract was manifestly and grossly disadvantageous to the government.

He also said that he did not benefit or gain from the transaction, or acted in bad faith with gross inexcusable negligence.

Ruling


The Ombudsman found substantial evidence to hold respondent administratively liable for Grave Misconduct and Conduct Prejudicial to the best interest of the Service.

“As public officer, he is expected to perform and discharge his duties with the highest degree of excellence, professionalism, intelligence and skill and must refrain from doing any acts contrary to law, good morals, good customs, public police, public order, public safety and public interest,” the order said.

Atty. Gerard A. Mosquera, Deputy Ombudsman for Luzon recommended the approval of the said order on October 19, 2017.

Implementation of the order

The Secretary of the Department of Interior and Local Government is directed to implement the decision immediately upon receipt thereof pursuant to Section 7, Rule III of A.O. No. 17, in relation to Memorandum Circular No. 1, dated April 11, 2006, and to promptly inform the Ombudsman of the action taken.

At press time, Vice Mayor Imperial could not be reached for his comments regarding the issue.
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