[av_one_full first min_height=” vertical_alignment=” space=” custom_margin=” margin=’0px’ padding=’0px’ border=” border_color=” radius=’0px’ background_color=” src=” background_position=’top left’ background_repeat=’no-repeat’ animation=”]
[av_heading heading=’Capiz ‘kap’ sacked over ESA ‘ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY GLENDA SOLOGASTOA
[/av_heading]
[av_textblock size=” font_color=’custom’ color=”]
Wednesday, April 5, 2017
[/av_textblock]
[av_textblock size=” font_color=” color=”]
ILOILO City – The Office of the Ombudsman ordered the dismissal from service of the village chief of Tacas, Pontevedra, Capiz for grave misconduct in the implementation of the Emergency Shelter Assistance (ESA) intended for super typhoon “Yolanda” victims.
The Ombudsman ordered the filing of charges against Barangay Captain Junar Bautista, too, for violation of the Anti-Graft and Corrupt Practices Act.
It ruled that Bautista gave unwarranted benefits to relatives in the ESA distribution.
In a resolution dated March 27, 2017 the Ombudsman also cancelled Bautista’s civil service eligibility, forfeited his retirement benefits and perpetually disqualified him from holding public office.
Seven residents and relatives of Bautista in Barangay Tacas were recommended for filing of criminal charges also. These private respondents were Roda Bautista, Nenita Bautista, Gina Tabuctilde, Feliciano Tabuctilde, Voltire Duno, Eduardo Denolo, and Elias Dumopoy.
According to the Ombudsman, Bautista and the seven violated Section 3 (e) of the Act [“Causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”]
The Ombudsman came out with its resolution against Bautista and the seven after consolidating four separate complaints, citing similarity of circumstances and the parties in the cases.
These complaints were as follows:
* grave misconduct against Junar Bautista filed by Jelly Romero
* another grave misconduct against the village chief and Joaquin Bornasal filed by Abundio Bunda
* violation of Section 3 (e) of Republic Act 3019 against Municipal Social Welfare Officer Lynee Tamayo filed by Romero, Bunda, Gerald Villanueva, Janet Baconguis, Jocelyn Villanueva, Shirley Dadivas, Lita Dinglasa, Imelda Regalado, Mary Jane Ballejo, and Carlos Marcelino, and
* misconduct against Junar Bautista and Tamayo filed by Bunda, Gerald and Jocelyn Villanueva, Baconguis, Dadivas, Dinglasa, Regalado, Ballejo, and Marcelino.
The complainants were residents of Barangay Tacas and ESA beneficiaries.
The consolidated resolution was approved by Deputy Ombudsman for the Visayas Paul Elmer Clemente. It issued the following ruling:
* no probable cause to charge the respondents with robbery
* probable cause for violation of Section 3 (e) of Republic Act 3019 exists
* there was conspiracy
* some respondents’ arguments or defenses were untenable
* the barangay captain committed grave misconduct.
Meanwhile, the Ombudsman dismissed the criminal and administrative charges against Bornasal and Tamayo, and the criminal rap against Efraem Jacosalem for lack of evidence.
ALLEGATIONS
Complainant Romero claimed Barangay Captain Junar Bautista took P10,000 from her P30,000 ESA.
Romero’s house was totally damaged by super typhoon “Yolanda” in 2013.
According to Romero, sometime June or July 2015 the village chief held three meetings wherein it was agreed that those who would receive an ESA of P30,000 for totally damaged houses will share P10,000 each to those excluded in the list of beneficiaries but whose houses were also damaged.
However, according to Romero, the barangay captain did not identify those excluded from the ESA list but should have been qualified for the aid.
Romero said she received her P30,000 ESA last Aug. 2, 2015 but the village chief deducted P10,000 from it.
Complainant Bunda claimed to have a similar experience with the barangay captain. But he further claimed that the village chief’s six relatives were able to receive the ESA despite being disqualified.
The other complaints, meanwhile, claimed that in July 2015 the Department of Social Welfare and Development (DSWD) released two master lists of ESA beneficiaries.
They added that prior to the publication of the lists and the ESA’s release, the village chief held several meetings where they were told that DSWD’s funds were not enough. Because of this, a sharing scheme was agreed – P10,000 would be deducted from the P30,000 ESA of identified beneficiaries to be given to those not listed but whose house were damaged.
Still, the complainants asserted that the village chief’s relatives (the private respondents) were not qualified to receive the ESA because they did not own houses in Barangay Tacasa or their houses were only partially damaged.
The respondents denied the charges. Barangay Captain Junar Bautista further argued that the sharing scheme was agreed by all village residents.
The Office of the Ombudsman, however, found willful intent to violate the law. It said the village chief issued certificates of eligibility to private respondents as ESA beneficiaries despite knowing they were disqualified, thereby giving them unwarranted benefits, advantage or preference.
“Such act deprived other qualified ESA beneficiaries of the opportunity to alleviate their living conditions and instead aggravated their plight. He did the irregularity in office repeatedly, adding insult to the injury of the victims of the super typhoon,” part of the Ombudsman resolution read.
As a local chief executive, the Ombudsman said “Bautista should have been the first to obey the law and ensure faithful implementation of the DSWD memorandum in distributing the ESA fund. Here, he was the one who first violated it.”/PN
[/av_textblock]
[/av_one_full]
