Wednesday, November 19, 2014
CEBU - The Office of the Ombudsman-Visayas found Representative Rodrigo Abellanosa guilty of grave misconduct for his involvement in the Cebu City Government’s scholarship program, which benefited two schools he owns.
It said that conflict of interest was obvious and ordered his dismissal from public service.
The anti-graft office has also found probable cause to file a criminal case against Abellanosa, who represents Cebu City’s south district in the House of Representatives.
Abellanosa owns the Asian College of Technology (ACT) and the Asian College of Technology International Education Foundation Inc. (ACTIEF), two of several accredited schools for the City’s scholarship program.
The ombudsman’s decision stems from the administrative and criminal cases filed by taxpayer Philip Banguiran against Abellanosa in December 2012, for alleged violations of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act. Banguiran is said to be a supporter of Team Rama.
The case was filed against Abellanosa, who was then a city councilor, eight months before the May 2013 polls. Abellanosa was the Bando Osmeña Pundok Kauswagan’s candidate for Congress.
In the resolution on the administrative complaint, Graft Investigation and Prosecution Officer I Jess Vicent Dela Peña said that conflict of interest was “obvious.”
The records show, Dela Peña said, that Abellanosa signed a memorandum of agreement (MOA), as trustee and president ACT, for the scholarship program last June 24, 2010.
Agreements
Last August 5, 2011, Abellanosa signed another MOA on behalf of ACTIEF. Unlike the first MOA, this was covered by a City Council resolution.
As a result of the conflict of interest, Dela Peña said, a total of P51,064,877 was disbursed by the City to ACT and ACTIEF. They also have P119,752,576 in receivables from the City Government.
Under the City’s scholarship program, high school graduates are given P10,000 as tuition assistance and P1,000 allowance every month per semester so they can enroll in college. The amount is paid directly to the school.
Aside from tuition payments, Dela Peña said, both ACT and ACTIEF were given a tax reprieve by the City.
“Respondent indirectly or directly has material or pecuniary interest in the implementation of the scholarship program...In addition, the implementation benefited the respondent’s schools. Respondent’s exercise of dual position has created conflict of interest, which is prohibited by law. It is not an isolated incident, nor an error of judgment,” the graft investigation officer said.
‘Baseless’
Dela Peña defined grave misconduct as “wrongful, improper or unlawful conduct motivated by a premeditated, obstinate or intentional purpose.”
He, however said, that it does not necessarily imply corruption or criminal intent.
In a counter-statement that was incorporated in the ombudsman’s ruling, Abellanosa denied all allegations against him and said these were baseless.
He said he had no control over the mayor or the members of the council when they passed the resolution allowing the City and ACTIEF to enter into and sign a MOA. He added he has also no control over the ACTIEF board of trustees, as he could only exercise one vote.
Aballanosa also said he has no hand in determining what schools would be accredited in the scholarship program, as it was the job of the Office of the Mayor.
He added that he abstained when the council passed the resolution.
Integrity
Sun.Star Cebu tried to get a statement from Abellanosa on the ombudsman’s ruling but he was not available last night.
While the respondent earlier invoked the Aguinaldo doctrine in the administrative case, Dela Peña said their contention is without basis, because it only applies when the public officer is elected to the same position.
Abellanosa was elected congressman after the 2013 elections; he served as a city councilor at the time the scholarship agreements were signed.
“A public servant must display at all times the highest sense of honesty and integrity, for no less than the Constitution mandates the principle that a public office is a public trust; and all public officers and employees must at all times be accountable to the people and serve them with utmost responsibility, integrity, loyalty and efficiency. Here the respondent failed,” Dela Peña said.
He resolved that a dismissal order be endorsed to Congress or its committee on ethics for action.
As to the criminal complaint, Dela Peña, in a separate 10-page ruling, said there is probable cause to file a criminal case against Abellanosa for allegedly violating Section 3 (i) of RA 3019.
Interest
This makes it unlawful to “directly or indirectly become interested, for personal gain, or have a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group.”
While he did not participate when the council approved the resolution, Dela Peña said, Abellanosa can still be held criminally liable.
“His abstaining from voting on the subject resolution would not hold water. He was present during the passage of the resolution. He subsequently signed the MOA on behalf of ACTIEF,” he said.
“He did not divest his interest in ACTIEF before the transaction was entered into; neither did he resign from office,” he added.
The ombudsman rulings for both the administrative and criminal cases were signed last May 16 this year.
It was reviewed by Office of the Ombudsman-Visayas Acting Director Gaudioso Melendez and approved by Ombudsman Conchita Carpio Morales. (Sun.Star Cebu)
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Originally Posted by lstorya
kay dghan man naka graduate cguro nga mga scholar sa act...... conflict of interest lng jd na siya sir pero it doesnt mean iya nang gebulsa.....
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