THE Office of the Ombudsman indicted on Thursday an ex-mayor of Negros Oriental for failure to liquidate cash advances granted to him for his travel and field operations expenses.
Ombudsman Conchita Carpio- Morales found probable cause to indict former Tayasan mayor Anthony Isidro Bayawa for three counts of failure to account for his travel expenses, which is punishable under Article 218 of the Revised Penal Code.
Records showed that Bayawa incurred non-liquidated cash advances of P371,908.63 from 2002 to 2008.
“Records is bereft of evidence showing that respondent submitted his local travel liquidation documents such as certificate of travels, plane or boat tickets, hotel room and lodging bills, certificate of appearance and others, within 30 days after his return to his official station. There is likewise no proof that he was able to submit documents in support for the liquidation of the cash advances for the procurement of accessories for donated vehicles, payment for the freight and handling of the donated vehicles as well as for the expenses during the Pasalamat 2007 festival which should have been submitted to the accountant within 20 days after the end of the year,” the resolution read.
Meanwhile, the Ombudsman also convicted Pilar Mayor Lucio Gonzales of Surigao del Norte for demoting an employee in May 2007.
The Sandiganbayan sentenced Gonzales to suffer imprisonment of six to 10 years for graft.
Gonzales was also perpetually disqualified from holding public office.
The Ombudsman said Gonzales committed graft when he removed Victor Literato as municipal agriculturist.
According to prosecutors, the mayor subsequently issued office orders initially appointing Anecita Penera, then Alex Literato as officers in charge of the municipal agricultural office.
Gonzales claimed Victor’s removal was due to the latter’s sub-par performance.
“Even granting for the sake of argument that Victor Literato’s performance was less than desirable, still, the Court cannot countenance the position taken by the accused… as the Court finds the accused’s designation of Penera and Alex Literato was not only patently illegal, but was also committed with manifest partiality, evident bad faith and gross inexcusable negligence,” the decision read.
“[T]he Court finds the accused to have given unwarranted benefit to Anecita Penera and Alex Literato, by designating them, one after the other as officer in charge of the municipal agriculture office, despite the presence and capability of the appointed municipal agriculturist, Victor Exuperancio T. Literato to perform the functions of the said position as head of the said office to the prejudice of the latter,” the Sandiganbayan said.
Literato’s reassignment as fisheries coordinator was a demotion tantamount to removal which has violated his constitutional right to security of tenure that “no employee of the civil service shall be removed or suspended except for cause provided by law.”