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[av_heading heading=’ Ombudsman insists: Monico committed simple misconduct ‘ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY MAE SINGUAY
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BACOLOD City – Former mayor Monico Puentevella failed to convince the Office of the Ombudsman to reverse its decision to suspend him for one month for simple misconduct.
The anti-graft body denied Puentevella’s motion for reconsideration for lack of merit.
The motion “presents no newly discovered evidence, neither does it present any substantial argument that had not been already weighed and absorbed in the rationale of the decision,” the Ombudsman said in a Sept. 29 decision.
“It remains that Puentevella committed simple misconduct when, without any legal wherewithal, he took it upon himself to schedule the date of effectivity of the decision rendered by the Office of the Ombudsman Visayas in OMB-V-A-13-0349,” read part of the decision signed by Graft Investigation and Prosecution Officer Ronald Brian Go Evangelista and approved by Ombudsman Conchita Carpio-Morales.
On July 12 Puentevella filed the motion against the Jan. 21 Ombudsman order suspending him for “one month and one day” for simple misconduct.
The Ombudsman said Puentevella delayed the administrative suspension of Office of the Building Official head Isidro Sun Jr. and Building Inspector Jose Maria Makilan.
Former councilor Carlos Jose Lopez hauled Puentevella to the Ombudsman via Case No. OMB-V-A-15-0075, which stemmed from another Ombudsman decision (July 2014) suspending Sun and Makilan, who were found guilty for conduct prejudicial to the best interest of the service.
On Dec. 9 that year, Puentevella received from the Ombudsman a directive to implement the suspension order.
But instead of obeying, the then mayor released a letter stating that “in the spirit of Christmas, the effectivity of the order is set on Jan. 1, 2015.”
“The Ombudsman Act of 1989 (Republic Act 6770) plainly states that decisions of the Office of the Ombudsman are immediately effective and executory” and that “there is nothing vague or ambiguous with this wording,” the anti-graft body said in its Jan. 21 order.
In its Sept. 29 decision, it said the suspension shall be converted into a fine equivalent to Puentevella’s salary for one month and one day, payable to the Ombudsman, since the official could no longer be suspended due to his separation from the service.
The fine “may be deductable from Puentevella’s retirement benefits, accrued leave credits or any receivables from his office,” the Ombudsman said./PN
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