BACOLOD CITY – The Office of the Ombudsman has suspended two Negros Occidental provincial government officials for six months without pay due to conflict of interest when they engaged in private law practice in 2020.
NEGROS Occidental Gov. Eugenio Jose Lacson and Provincial Administrator Atty. Rayfrando Diaz II (right). (Photo courtesy of Capitol PIO)
The Ombudsman found lawyers Rayfrando Diaz II and Chery Sheil Valenzuela guilty of violating Section 7(b)(2) of Republic Act (RA) 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
The complaint was filed by former Attorney IV Roxenne Sumanting of the Provincial Legal Office (PLO) on June 20, 2022.
It stemmed from the alleged failure of the respondents to provide legal assistance or representation to the municipality of Binalbagan relative to an expropriation case that the town filed with the Regional Trial Court (RTC) in Himamaylan City and conflict of interest on the part of Diaz and Valenzuela who appeared as counsels for JLL Agriculture and Development, one of the defendants in the case during their incumbencies as provincial administrator and executive assistant II, respectively.
The Ombudsman, in a 20-page decision, stated that both admitted engaging in the private practice of their profession when they represented JLL, claiming that they were granted authority by Gov. Eugenio Jose Lacson.
“But appearing as counsel for JLL undeniably came in conflict with Diaz and Valenzuela’s obligations as officials of the provincial government of Negros Occidental,” according to the Ombudsman.
“Even if the trial court did not officially consider Valenzuela’s appearance during the pre-trial conference on January 27, 2020, the fact remains that she was still then counsel of JLL during the incumbency of her employment with the government which is prohibited,” it also said.
“Thus, substantial evidence exists that Diaz and Valenzuela committed violation of Section 7(b)(2) of RA 6713,” the Ombudsman said.
Section 7(b)(2), which refers to prohibited acts and transactions, states that public officials and employees during their incumbency “shall not engage in the private practice of their profession unless authorized by the Constitution or law, provided that such practice will not conflict or tend to conflict with their official functions.”
The decision dated November 10, 2023 was penned by graft investigation and prosecution officer III Leilani Tagulao-Marquez and approved by Ombudsman Samuel Martires on April 1, 2024.
Diaz said that his office received the document on Friday, May 31.
Lacson said on Wednesday that he has yet to talk to Diaz but he mentioned that he will file a motion for reconsideration. “The way I understand it, nothing is final yet,” Lacson said.
He said that he personally believes that Diaz has done nothing wrong. “I am not a lawyer. I have to ask him what are the legal options still left,” he added.