Ombudsman junks Jepoy Celiz complaint versus Boy Mejorada

7/27/2019 Ombudsman junks Jepoy Celiz complaint versus Boy Mejorada

1/5

6rPf&$iti4z*5-JEFFREY L. CDLIZ,Complainant,

- VS-MANUEL P. MHORADA,Former Provincial Administrator (SG 26)Province of Iloilox________ T:T_11*/

RESOLUTIONThis is a criminal complaint for Violation of R.A. No. 67L3,

otherwise known as the Code of Conduct and trthical Standards forPublic Officials and Employees, specifically Sec. B (A) thereof,relative to the fiting of Statement of Assets, Liabilities and NetWorth, filed by Jeffrey L. Cebz against Manuel P. Mejorada, formerProvincial Administrator of the Province of Iloilo.

Complainant alleged that respondent was formerly theProvincial Administrator for the Province of Iloilo in the years 2003to 2010. Respondent purportedly failed to file and submit hisStatement of Assets, Liab-ilities arr-d Net Wortle- (SALlt} f+orn-3osar. -2003, 2OO4, 2005, 2008, 2OO9 and 2010. In support of thisallegation, complainant submitted the Certification issued by AlmaP. Ravena, OIC Assistant Department Head., Human Resource

CERTIFTED M ACIIINE COPY1

REPUBLIC OF TTIE PIilLIPPNTESOFFICE OFTHE OMBUDSMAN (VISAYAS)Department of Agriculture RO-7 Compound, M. Velez St., Guadalupe, 6000 Cebu City

oMB-V-C-12-O144-C


2/5

o oMB-V-C-L2-O1'+4-Cil-1ll.Yi1:.111 --- --/Management and Development office (HRMDO), provincialGovernment of Iloilo. Said Certification stated the following:

"This ls /o certifu that as per record. of this offi.ce for thestatement of Assefs, Liabilities and Netuorth (1ALN)submitted bu personnelfrom gegrs 2003 to 201o, ute hauecopies on file of the sAL/v of Mr. Manuel Mejorad.a for theAears 2006 and 2007 onlg."Respondent filed his Counter-Affidavit, denying the allegations

and pointing out that the Certification attached to the complaintfailed to prove that he did not file his SALN for the years 2oo3,2oo4, 2005, 2008, 2oo9 and 201o. Said Certification only statedthat Ravena's oflice had copies on file of respondent's SALN for2006 and 2OO7 only, but does not state that he did not file hisSALN for the aforementioned years. Respondent maintained thathe filed his sALN, and that not having "copies on file" could onlymean a lapse in recordkeeping of that office, or that respondent'srecords were,Celiberately misplaced, as a form of politicalharassment against him.

Despite due notice and the lapse of considerable time,complainant filed no Reply.

rr. F- ' fr


3/5

RESOLUTIONoMB-V-C-1-2-0144-CCelit vs. Mejo,radax------------ -.---

DISCUSSIO!T:-{fter a thororrgh analysis of the evidence submitted by the

parties, the undersigned Graft Investigation and Prosecution Officerfinds no probable cause for the filing of a criminctl case -for a Violcrtion

l Aucm ,nffim; t6,fJ J' ih tqii$mffitmr.u m.lhr

Indeed, complainant's very basic allegation that respondentdid not file any SALN for the years 2OO3, 2OO4, 2OO5, 2OOB, 2OA9and 2010 is a mere conclusion drawn from the Certification issuedby the HRMDO of the Iloilo Provincia-l Government that their officehad copies on file of respondent's SALN for the vears 2006 and

did not state that he did not file his SALN for the years enumeratedby complainant. Clearly, in order to indict respondent for Violationof R.\. 5T13. for his altresed farlu:e :: -:-= :-:s s-r-'l; ::: --= errd;ss;,:--_i=:- ::::lr r.u$tl b,e liqi[sffi l[.h"-,rr Jrrfifis. a mmtule uffilcmllt futr;,:,rn:ia:nenT t@ $eglre as hesb tMmm- TM Ccmfieffimmilm ffi@which compl,ainant draws tris rrrairr prcmise docs nm cmt8'lic-lf i..j-:':r*;:':: "" "-.=-t' =-ug;*'ti:+"j+:t"'#tt:-#*"'-i&* -" - -. +- < ' jl*F:state or certify that respondent-'did .ot 'fi'6' Siffi" lor -fieab:';o:::-t:---i:::r: ---f i-:s- R.=--:'e:- :: =::=--; :::-'-:is :::a-- --:1='t ::*:[ha,,e c:ries cf respondent's sAllt for the vears 20ffi and 2oo;- Thesaid certification indeed. can be construed in eittrer complainant's


4/5

e r vs. Mejo5adax------------------ _______/w&Y' which is that respondent did not file his SALN for the otheryears, or respondent's w&y, which is that there was a recordkeepinglapse or that his records were deriberately mispraced. In light ofsuch, the evidence here may be said to be in equipoise. under theequipoise ru1e, where the evidence on an issue of fact is in equipoiseor there is doubt on which side the evidence or.oora.rr*o in.party having the burden of proof loses. r In this case, the burden ofproof rests upon complainant. complainant could have submittedother evidence to show that indeed respondent did not file anySALN for the years aforementioned, especialry since the HRMDo isnot the only place that records of such documents may be found.As it is, the Rules Implementing the code of Conduct and EthicalStandards for public officiars and Emproyees, particularry Rure vI,I,sec' 1(d)(3), states that regional and local officials a,d employees,both appointive and elective should file their sALN with the Deputyombudsman in their respective regions. complainant could havevery well obtained the necessary certification from the office whererespondent's sALN is supposed to be filed, in order to bolster orestablish his allegation. However, complainant failed to do so.

!S*

Furthermore, despite being given the opportunity to submitevidence that would prove his charge against respondent, by way offiling a Reply, comprainant did not do so despite due notice and

6's!sE{f rfi n ,I&CEINE C*PYB/OL

'Vergara v. People, G.R. No. 160328,4 February 2005.


5/5

lapse of considerable time. Thus, there being tack of probablecause and insufficiency of evidence to indict respondent for aviolation of R.A. 67L3, this case must accordingly be DISMISSED.

WHEREF'ORE, premises considered, this criminal complaintuel P. iorada is here

r-!=... .::;. .. :+::i.ffilck of probable cause.SO RESOLVED.Cebu City, Philippines, Fe 2013.

LU I\TT M. CABATINGANGrafi Inuestigatian and Proseantion Officer IRECOMMENDING APPROVAL:

._.d

BACALSO

APPROVED I

CopA furnished:All parties and / or their counsel(s)

CEEgIfIED !6ACIIINE CoFYI

Acting Director, EIO

sman for the Visayas

Ombudsman junks Jepoy Celiz complaint versus Boy Mejorada

Documents

Transcript of Ombudsman junks Jepoy Celiz complaint versus Boy Mejorada