The Office of the Ombudsman has ordered the dismissal from the service of mayor Wilfredo Balais of Labason, Zamboanga Del Norte, after finding him guilty of Grave Misconduct and Serious Dishonesty. He was also ordered perpetually disqualified from holding public office with cancellation of eligibility and forfeiture of retirement benefits.
Investigation disclosed that Balais sold a Nissan Patrol to a certain Eduardo Ayunting in November 2010 for the amount of P500,000.00. The purchase was covered by a deed of sale executed by the parties in Cagayan de Oro City. On January 2011, Ayunting entered into a contract with the local government of Labason for the purchase of the same vehicle for P960,000.00, with the deed of sale signed by vice-mayor Virgilio Go. On August 2011, the Sangguniang Bayan passed a resolution calling for the rescission of the contract because the purchase is disadvantageous to the government.
In its Decision, the Ombudsman stated that “as the vehicle’s previous owner, respondent Mayor knew that the price was exorbitant having sold it two months earlier at a much lower price.”
“In fact, if (Balais) is truly concerned, he should have warned the respondent Vice-mayor not to proceed with the sale, yet he did nothing until the sale was perfected,” added the Decision.
Investigation also disclosed that the acquisition of the vehicle was not in accordance with procurement laws.
Meantime, Municipal Accountant Christy Buganutan and Municipal Treasurer Melchor Chipoco were found guilty of Neglect of Duty and were ordered suspended for three months without pay. Their liability hinged on their act of processing the disbursement voucher and the check for payment of the vehicle despite non-compliance with procurement laws.
In May 2015, the Office of the Ombudsman affirmed the filing of graft charges against Balais, Go and Ayunting for violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) before the Sandiganbayan. ###