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[av_heading heading=’CA REVERSES OMBUDSMAN DECISION Leonardia, 6 others cleared; 2 guilty of 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 – The Court of Appeals (CA), 18th Division in Cebu City absolved Mayor Evelio Leonardia and six others from their grave misconduct and gross neglect of duty charges.
The administrative cases were filed against Leonardia, Bids and Awards Committee (BAC) chairman Goldwyn Nifras, Budget Officer Luzviminda Treyes, BAC member Nelson Sedillo Sr., BAC Technical Working Group members Jaries Encabo, Belly Aguillon and Aladino Agbones in relation to purchasing furniture worth P50 million for the Bacolod City Government Center in 2008.
In a decision released on Sept. 6, the CA granted the appeal to completely reverse the Dec. 2, 2016 resolution of the Office of the Ombudsman ordering the dismissal of Leonardia and eight city government officials.
The CA decision was based on two consolidated petitions for review, one filed by Leonardia and another filed by his eight co-petitioners.
CA associate justices Germane Francisco Legaspi, Marilyn Lagura-Yap and executive justice Gabriel Ingles signed the decision completely clearing out the charges against Leonardia, Nifras, Treyes, Sedillo, Encabo, Aguillon, and Agbones.
On the other hand, BAC secretariat Melvin Recabar and BAC Technical Working Group member Eduardo Ravena were found guilty of simple misconduct.
Recabar and Ravena will be suspended from work for three months without pay.
The CA decision stated that Leonardia and six others did not violate Republic Act 9184, or the Government Procurement Reform Act, since the public officials did not benefit from the transaction. Also, it stated that the prices of the procured items were never claimed “unreasonable.”
Moreover, the decision stated that the public officials have no “willful intent” to violate the law. All the items included in the purchase were delivered, it further stated.
The CA ordered the payment of back wages and benefits of the dismissed officials. For Ravena and Recabar, payments and benefits shall be given following their reinstatement after the three-month suspension.
“The decision was based more on factual and legal merits,” said City Legal Officer Joselito Bayatan.
Bayatan added they can use the CA decision to dismiss an Ombudsman joint resolution finding probable cause to charge Leonardia with graft and corruption./PN
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