Ombudsman Reverses Abra Capital Mayor’s Dismissal, Vice Mayor’s Suspension

September 26, 2020 Headlines

BAGUIO CITY (September 25, 2020) – On second look, the Office of the Ombudsman, who on February 2017 dismissed Bangued, Abra Mayor Dominic Valera from government service and suspended Vice Mayor Mila Acosta-Valera for a year, reversed its ruling and instead decided to mete simple misconduct against him and even dismissed the charges against his wife and other co-accused officials.
On July 3, 2020, Ombudsman Samuel Martirez acting on the June 10, 2020 recommendation of Deputy Ombudsman Jose Balmeo, ruled to instead mete Mayor Valera of simple misconduct only in his approval of the award of the contract of printing service to a company that is owned by his daughter and son-in-law and fuel supply for the town LGU owned and managed by his wife, then Barangay chairman Mila Valera.
The Ombudsman found merit in the motion for reconsideration of Mayor Valera that his approval of the contract with his daughter’s firm “cannot be considered grave misconduct”.
Although acknowledging there was no bidding conducted in the award of contract, the Ombudsman ruled, “the records are devoid of any evidence that respondent Dominic acted on corrupt motive, clear intent to violate the law or flagrant disregard of established rule.”
The anti-graft body further acknowledged “the difficult situation of the LGU then where no budget was allotted by the municipal government for the procurement of (fuel and lubricants) for the service vehicles constraining them to purchase fuel from the Abra Petron Service Center because it was only the fuel service station willing to supply the municipality on credit.”
The finding alone that there was no competitive bidding as provided by RA 9184 “does not necessarily make respondent Dominic liable for grave misconduct, in the absence of any showing that he was motivated by malice or bad faith. As a government official, he is presumed to have acted in good faith and these presumptions was not overturned by the complainant.”
The Ombudsman also noted that the complainant failed to establish that the COA issued a Notice of Disallowance or Audit Observation Memorandum in this case, “thus the fact that noen was issued gave respondent Dominic the misimpression that the payments on the transactions were proper and correct.” The complaint accused the Valeras of graft and corruption when Bangued
entered into several transactions with Abra Petron and DMJS Printing Shop worth more than P1.9 million.
Though the Ombudsman still held Mayor Valera liable for simple misconduct “for clear violation of a rule of law or standard of behavior, “that is, he approved subject transactions despite the lack of competitive bidding.”
Likewise, the anti-graft body also found Valera “liable for conduct prejudicial to the best interest of service, which is a grave offense, as his questioned acts tainted the image and integrity of his office”.
Taking the two charges into consideration, the most serious charge – conduct prejudicial to the best interest of service – punishable by a six-month to one day to one-year suspension was considered.
The anti-graft body also found no showing that Valera used his power, influence or authority in the award of printing contracts to the firm owned by his daughter and son-in-law.
It appreciated the evidence presented that it was “the BAC which evaluated the bids and recommended (the firm) as the winning bidder because its bid was the lowest and most advantageous to the municipality.”
Vice Mayor Mila Valera’s liability for conduct prejudicial to the best interest of the service has not been sufficiently established, the ruling also said. “The records will show that she and her husband, Dominic, never forced the municipality to purchase fuel from their gas station.”
Neither the lack of public bidding could be attributed to the Vice Mayor, the ruling further noted, “as she was not a member of the procuring entity and her only participation in these transactions it to supply the needed fuel and receive the corresponding payment for the same.”
While their co-accused municipal accountant, budget officer and treasurer were also cleared from gross neglect of duty and considered it only as an “honest mistake committed in the course of the performance of their duties.”
Mayor Valera and Vice Mayor Valera stepped down from their posts on August 6 in deference to the earlier Ombudsman dismissal order. The interior department was ordered to re-install the Valeras. Mayor Valera hailed the anti-graft body’s tact in serving “justice” to them. “This is also a victory for the people of Bangued who believe in the rule of law and that justice resides in our country,” Valera said in magnanimous victory.
Although he believed he “was a victim of dirty politics,” Valera still enjoined “critics and political foes to mend with him in the name of Bangued’s progress and shun away from electoral politics for the meantime and unite for the town’s development as one community.”
Artemio A. Dumlao/ABN