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[av_heading heading=’Puentevella son liable for ‘ukay,’ Ombudsman insists’ 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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Friday, January 6, 2017
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BACOLOD City – The Office of the Ombudsman – Quezon City upheld its resolution finding former executive assistant Rocky Puentevella liable for the alleged illegal operation of ukay-ukay (used clothing) stalls at the public plaza.
The anti-graft body denied the motion for reconsideration filed by Puentevella, son of former mayor Monico.
Former councilor Carlos Jose Lopez filed criminal charges against the Puentevellas and Kasadya Bacolod Foundation, Inc. president Rhoderick Samonte in connection with the ukay-ukay operation in 2014.
Lopez accused them of violating the Anti-Graft and Corrupt Practices Act, the Code of Conduct and Ethical Standards for Public Officials and Employees, the Revised Penal Code, the Local Government Code, and the Government Procurement Reform Act.
But the Ombudsman, in a resolution dated Sept. 27, 2016, dismissed the charges against the then mayor Monico and Samonte.
“There was no evidence that would show that [Monico] Puentevella benefitted from the payment made by the ukay-ukay vendors for them to be able to sell at the public plaza,” the Ombudsman said.
Meanwhile “the use of receipts of Kasadya alone does not suffice to warrant [Samonte’s] indictment for any of the offenses charged,” it said. “There was no evidence that would establish that he was aware that he conspired with Rocky in consummating the questioned transactions.”
But in Rocky’s case, “it was shown that all elements of direct bribery were present,” said the Ombudsman. “He was a public officer who received payment from the ukay-ukay vendors so they may operate a market in the public plaza even if not authorized by the Sangguniang Panlungsod.”
Not only was Rocky an executive assistant at the Office of the City Mayor, he was also the son of the then mayor, the Ombudsman noted. “Being the son and executive assistant of the mayor, it is not unusual that he is perceived to have the power or influence to grant permits.”
In appealing the indictment, Rocky argued that not all elements for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act were established.
He said that his alleged collection of payments was not done in the discharge of his official functions since granting permits was not among his official duties and that there was no evidence of bad faith.
Rocky also insisted there was no proof he demanded and received payment from the ukay-ukay vendors, citing National Bureau of Investigation findings.
He also said the Ombudsman – Quezon City, which resolved the complaint without participation from investigating officers in the Visayas office before whom the complaint and position papers were originally filed, cannot be considered “competent authorities to resolve the case.”
But the Ombudsman said Rocky’s arguments in his motion were “just a rehash” of those contained in his previous pleadings.
“There is no good or cogent reason to modify or reverse the Sept. 27 resolution of the Ombudsman,” it said in an order dated Nov. 8, 2016./PN
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