Ex-Iriga City vice mayor acquitted of graft, falsification charges
Published Dec 24, 2019 12:00 am
By Czarina Nicole Ong Ki
The Sandiganbayan Second Division has acquitted former Iriga City Vice Mayor Omar Erasmo Gonowon Ampongan of his graft and falsification charges in relation to the reportedly irregular appointment of the secretary to the Sangguniang Panglungsod.
Sandiganbayan (MANILA BULLETIN)
Ampongan was initially slapped with violations of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and Article 171 paragraph 2 of the Revised Penal Code or Falsification of a Public Document.
On November 3, 2015, Ampongan was accused of giving unwarranted benefits to Edsel Dimaliwat by appointing her to the vacant position of secretary to the Sangguniang Panglungsod without the Iriga City Personnel Selection Board having conducted a screening or deliberation on the qualification of the candidates.
Ampongan further made it appear in the Civil Service Commission (CSC) appointment paper of Dimaliwat that "the appointee has been screened and found qualified by the Promotion/Personnel Selection Board." However, the prosecution said this was not true.
When the anti-graft court studied the records of the case, it found that these were bereft of any testimonial or documentary evidence that prove how Ampongan deliberately acted with manifest partiality and evident bad faith when he signed Dimawat's Appointment Paper.
"Likewise, there is no evidence that supports the allegation that the action of accused caused any undue injury to any party or he gave any private party unwarranted benefits, advantage or preference which attended the issuance of the document," the decision stated.
The totality of the prosecution's evidence, according to the court, only established that the City Councilors had a more preferred appointee to the position.
Based on the Minutes of the PSB Evaluation Meeting and Transmittal Letter, Ampongan made a thorough and judicious evaluation of the Personnel Data Sheets of both applicants and found that both applicants equally met the minimum qualification needed for the position.
It was not shown that Ampongan deliberately made it appear that there was an evaluation, since he was quite transparent about its absence in the Transmittal Letter.
"Thus, the evidence does not support the allegation that there was a deliberate intent to make it appear that there was an evaluation by the PSB for Dimawat's application," the court ruled.
It also noted that Ampongan exerted efforts to convene the PSB for the evaluation of the applicants, and it was the members of the PSB who deliberately did not attend the Evaluation Meeting.
The 32-page decision was written by Associate Justice Michael Frederick Musngi with the concurrence of Chairperson Oscar Herrera Jr. and Associate Justice Lorifel Pahimna.
Sandiganbayan (MANILA BULLETIN)
Ampongan was initially slapped with violations of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and Article 171 paragraph 2 of the Revised Penal Code or Falsification of a Public Document.
On November 3, 2015, Ampongan was accused of giving unwarranted benefits to Edsel Dimaliwat by appointing her to the vacant position of secretary to the Sangguniang Panglungsod without the Iriga City Personnel Selection Board having conducted a screening or deliberation on the qualification of the candidates.
Ampongan further made it appear in the Civil Service Commission (CSC) appointment paper of Dimaliwat that "the appointee has been screened and found qualified by the Promotion/Personnel Selection Board." However, the prosecution said this was not true.
When the anti-graft court studied the records of the case, it found that these were bereft of any testimonial or documentary evidence that prove how Ampongan deliberately acted with manifest partiality and evident bad faith when he signed Dimawat's Appointment Paper.
"Likewise, there is no evidence that supports the allegation that the action of accused caused any undue injury to any party or he gave any private party unwarranted benefits, advantage or preference which attended the issuance of the document," the decision stated.
The totality of the prosecution's evidence, according to the court, only established that the City Councilors had a more preferred appointee to the position.
Based on the Minutes of the PSB Evaluation Meeting and Transmittal Letter, Ampongan made a thorough and judicious evaluation of the Personnel Data Sheets of both applicants and found that both applicants equally met the minimum qualification needed for the position.
It was not shown that Ampongan deliberately made it appear that there was an evaluation, since he was quite transparent about its absence in the Transmittal Letter.
"Thus, the evidence does not support the allegation that there was a deliberate intent to make it appear that there was an evaluation by the PSB for Dimawat's application," the court ruled.
It also noted that Ampongan exerted efforts to convene the PSB for the evaluation of the applicants, and it was the members of the PSB who deliberately did not attend the Evaluation Meeting.
The 32-page decision was written by Associate Justice Michael Frederick Musngi with the concurrence of Chairperson Oscar Herrera Jr. and Associate Justice Lorifel Pahimna.