Ombudsman orders dismissal of Abra mayor
Published Jul 23, 2019 02:14 pm
By Czarina Nicole Ong-Ki
The Office of the Ombudsman has ordered the dismissal of Bangued Mayor Dominic B. Valera of Abra after finding him guilty of grave misconduct and conduct prejudicial to the best interest of service.
Office of the Ombudsman. (Facebook/ Manila Bulletin)
His dismissal carries the accessory penalties of perpetual disqualification to hold public office, as well as cancellation of eligibility, forfeiture of retirement benefits, and bar from taking civil service examinations.
Valera's dismissal stemmed from the complaint that he allowed and facilitated the municipality's transactions with companies in which he had business interests - Abra Petron and DMJS Tarpaulin Printing Shop.
The total transactions with Abra Petron amounted to P1,171,515.34, while the total transaction amount for DMJS Tarpaulin Printing Shop was P93,896.75.
Those who aided him in the transactions were Municipal Accountant Officer-in-Charge Henry Bodaño, Municipal Treasurer Officer-in-Charge Romie Turqueza, Municipal Budget Officer Amelia Bersamira, and Barangay Zone 5 Chairman Mila Acosta Valera.
With the exception of Mila, all were dismissed from service with the accessory penalties.
Bodaño certified in the disbursement vouchers that the allotments were obligated for the payments of the municipality's transactions with the said companies and the supporting documents were complete. Turqueza certified the availability of funds, while Bersamira certified the existence of available appropriation.
The Ombudsman said in its ruling that it is undisputed that Dominic and Mila own Abra Petron, while DMJS is owned by their daughter Sylvia and son-in-law, Jay. The municipality had a series of transaction with the companies, and these transactions were facilitated by Bersamira, Bodaño, and Turqueza.
As a result, the office found sufficient bases to hold Dominic administratively liable. "It is glaring from the records that he used his position or office to ensure that the municipality of Bangued would procure gasoline, oil, and lubricant from Abra Petron," the decision read.
The Ombudsman’s decision said that the Local Government Code of 1991 is clear when it stated that local government officials are prohibited from directly or indirectly engaging in any business transaction with the local government unit in which he is an official.
Dominic tried to reason that there was no revolving fund for petroleum, oil, or lubricants, so he had to procure these items from Abra Petron. However, the Ombudsman said that the Annual Procurement Plan (APP) of the municipality should have covered these expenses.
Even though Dominic said he absolved the operation of Abra Petron to his wife, Mila, the Ombudsman said his liability is not absolved. "Granting it was true, he is still a co-owner of said gas station and has direct pecuniary or financial interests in its transactions with the municipality in which he is the mayor," the decision read.
The Ombudsman likewise ruled that his wife, Mila, is not innocent. As co-owner of Abra Petron, she is held liable for conduct prejudicial to the best interest of the service. She is meted the penalty of one year suspension from office without pay.
The Department of Interior and Local Government (DILG) has been directed to implement the decision and report back to the Ombudsman regarding the suspension.
The decision was approved by Ombudsman Samuel Martires on October 18, 2018. It carried the stamp of the Office of the Ombudsman Security Officer III Michael Gonzales dated June 24, 2019.
Office of the Ombudsman. (Facebook/ Manila Bulletin)
His dismissal carries the accessory penalties of perpetual disqualification to hold public office, as well as cancellation of eligibility, forfeiture of retirement benefits, and bar from taking civil service examinations.
Valera's dismissal stemmed from the complaint that he allowed and facilitated the municipality's transactions with companies in which he had business interests - Abra Petron and DMJS Tarpaulin Printing Shop.
The total transactions with Abra Petron amounted to P1,171,515.34, while the total transaction amount for DMJS Tarpaulin Printing Shop was P93,896.75.
Those who aided him in the transactions were Municipal Accountant Officer-in-Charge Henry Bodaño, Municipal Treasurer Officer-in-Charge Romie Turqueza, Municipal Budget Officer Amelia Bersamira, and Barangay Zone 5 Chairman Mila Acosta Valera.
With the exception of Mila, all were dismissed from service with the accessory penalties.
Bodaño certified in the disbursement vouchers that the allotments were obligated for the payments of the municipality's transactions with the said companies and the supporting documents were complete. Turqueza certified the availability of funds, while Bersamira certified the existence of available appropriation.
The Ombudsman said in its ruling that it is undisputed that Dominic and Mila own Abra Petron, while DMJS is owned by their daughter Sylvia and son-in-law, Jay. The municipality had a series of transaction with the companies, and these transactions were facilitated by Bersamira, Bodaño, and Turqueza.
As a result, the office found sufficient bases to hold Dominic administratively liable. "It is glaring from the records that he used his position or office to ensure that the municipality of Bangued would procure gasoline, oil, and lubricant from Abra Petron," the decision read.
The Ombudsman’s decision said that the Local Government Code of 1991 is clear when it stated that local government officials are prohibited from directly or indirectly engaging in any business transaction with the local government unit in which he is an official.
Dominic tried to reason that there was no revolving fund for petroleum, oil, or lubricants, so he had to procure these items from Abra Petron. However, the Ombudsman said that the Annual Procurement Plan (APP) of the municipality should have covered these expenses.
Even though Dominic said he absolved the operation of Abra Petron to his wife, Mila, the Ombudsman said his liability is not absolved. "Granting it was true, he is still a co-owner of said gas station and has direct pecuniary or financial interests in its transactions with the municipality in which he is the mayor," the decision read.
The Ombudsman likewise ruled that his wife, Mila, is not innocent. As co-owner of Abra Petron, she is held liable for conduct prejudicial to the best interest of the service. She is meted the penalty of one year suspension from office without pay.
The Department of Interior and Local Government (DILG) has been directed to implement the decision and report back to the Ombudsman regarding the suspension.
The decision was approved by Ombudsman Samuel Martires on October 18, 2018. It carried the stamp of the Office of the Ombudsman Security Officer III Michael Gonzales dated June 24, 2019.