Lambunao vice mayor suspended, ex-mayor fined

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BY PRINCE GOLEZ and ADRIAN STEWART CO
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January 21, 2018
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MANILA – The Office of the Ombudsman ordered the suspension of Lambunao, Iloilo’s Vice Mayor Cesar Gonzales and former mayor Reynor Gonzales for receiving transportation allowance despite using government vehicles.

The Ombudsman found them guilty of simple misconduct and conduct prejudicial to the best interest of the service.

Cesar Gonzales will be suspended for nine months while Reynor Gonzales, no longer in position, will be fined with an amount equivalent to his nine-month salary when he was in the service.

More than a week ago the Ombudsman found probable cause to indict the two officials for violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act.

The anti-graft body’s complaint stemmed from a Commission on Audit (COA) report stating that Reynor and Cesar received travel allowances of P90,000 and P83,880, respectively, from January 2014 to December 2014 despite having assigned vehicles for official use.

Department of Budget and Management Circular No. 2013-103 dated May 15, 2013 prohibits those who use government motor transportation from receiving transportation allowance, the COA said.

Such officials are entitled only to a commutable representation allowance for the month, said the commission, who issued them a notice of disallowance.

“Records show that respondents did not deny the receipt of the ND (notice of disallowance),” the Ombudsman said.

“Despite such receipt, respondent Reynor only partially settled the disallowance in the total amount of P40,400 as evidenced by the 21 June 2016 Notice of Settlement of Suspension/Disallowance/Charge and the receipts submitted by respondent Reynor,” it added. “To this date, the record is bereft of evidence to show that he had settled the remaining balance.”

Cesar, on the other hand, “had not shown any evidence that he had settled or complied with such ND,” said the Ombudsman.

“The use of government motor vehicle and claim for transportation allowance are mutually exclusive and incompatible,” the Ombudsman said, citing the Supreme Court decision on the case Domingo v. COA.

“Both respondents participated in the questioned disbursement in their respective capacities as municipal officers,” it said. “Without the imprimatur of Reynor, respondent Cesar would not have been able to claim his TA.”/PN
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