TACLOBAN CITY – The Court of Appeals has dismissed the case against former Palompon, Leyte Mayor Ramon Oñate, seven members of the Sangguniang Bayan, and six others for alleged misappropriation of public funds.
The case stemmed from a complaint filed by Ian Jay Arevalo, now deceased, husband of former Mayor Georgina Arevalo, for alleged misappropriation of public funds from January to March 2021, through the purchase of fuel, oil, and lubricants for three vehicles that were damaged beyond repair or decommissioned from 2020 or earlier.
The Ombudsman found Oñate and 10 others guilty of grave misconduct and serious dishonesty and ordered their dismissal from service with cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification.
Oñate et al. filed a Petition for Review under Rule 43 of the Rules of Court seeking to reverse and set aside the decision of the Office of the Ombudsman dated Sept. 10, 2024.
The petitioners contended that Arevalo was not truthful in his certification against forum shopping as the complaint was a mere rehash of an earlier complaint filed by a certain Vergelio Padilla Jr.
Padilla’s complaint was dismissed on Feb. 2, 2023 by the Office of the Deputy Ombudsman for Visayas in a joint resolution.
A decision penned by Associate Justice Alfonso Ruiz II said the decision of the Office of the Ombudsman has been reversed and set aside, dismissing the complaint-affidavit of Ian Jay dated Oct. 13, 2023.
It cited the doctrine of immutability of judgment which cannot be rendered inutile by the act of the respondent in filing a subsequent case involving similar facts, issues, and pieces of evidence.
“From the foregoing, all the elements of res judicata are clearly present, except perhaps for ‘identity of parties.’ Nonetheless, the concept of identity of parties has been relaxed. It has been held that identity of parties is satisfied when there is privity between them.”
Oñate’s camp said the decision is a triumph of the rule of law and a resounding vindication for him and the dedicated public servants of Palompon. “Ultimately, the truth will always reign, and a foundation built on lies will inevitably collapse.”