ANTIQUE – The Office of the Ombudsman has found probable cause to indict Gov. Rhodora Cadiao in the graft complaint filed by the Provincial General Services Office chief, Antonio Dela Vega.
Dela Vega’s complaint in the Ombudsman accused Cadiao of violation of Section 3 (e) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices 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.”
Dela Vega’s complaint stemmed from his reassignment in 2016. He was moved to their satellite office in Culasi town some 100 kilometers away from the provincial capitol in the capital town of San Jose.
Believing that what happened to him was tantamount to constructive dismissal, Dela Vega questioned the validity of the transfer order before the Civil Service Commission (CSC).
CSC ordered Dela Vega’s reinstatement to the Provincial General Services Officer on March 2017 and further ordered the provincial government that he be paid the representation and travel allowance (RATA) and other benefits due him covering the time he was reassigned to the satellite office in Culasi.
Dela Vega decided to file a complaint against Cadiao before the Office of the Ombudsman Visayas in 2018 when he failed to get the benefits due him as ordered by the CSC.
He complained that the governor did not sign his daily time record (DTR), which in turn also resulted to the failure of the Provincial Accountant and Provincial Treasurer to process the release of his benefits.
The Ombudsman found probable cause to indict Cadiao for one count violation of Section 3(e) of RA 3019 in a resolution dated Sept. 2, 2019 signed by Deputy Ombudsman for the Visayas Paul Elmer Clemente and approved by Ombudsman Samuel Martires on Oct. 22, 2021.
This, however, was only made known to the press early this week.
Dela Vega also included in his complaint before the Office of the Ombudsman Visayas Provincial Accountant Esther Minnie Julian and Provincial Treasurer Sherlita Mahandog.
The Ombudsman, however, cleared them.
“Wherefore, finding no probable cause to indict respondents Esther Minnie A. Julian and Sherlita B. Mahandog, the complaint against them is dismissed,” stated the Ombudsman.
According to Atty. Eduardo Fortaleza, legal counsel of Julian, the case of Cadiao will go to the Sandiganbayan.
The Information will be filed by the Office of the Special Prosecutor, said Fortaleza.
Cadiao, who is seeking reelection for a third consecutive term, could not be reached for comment as of press time but a source said she would be issuing a statement on this matter.
The governor is expected to file a motion for reconsideration with the Ombudsman.
Fortaleza, however, said a motion for reconsideration does not prevent the Office of the Special Prosecutor from filing the case with the Sandiganbayan./PN
