The Office of the Ombudsman found Santa Fe, Leyte Mayor Oscar Monteza and Human Resource Officer Videl Apurillo guilty of Simple Neglect of Duty and were ordered suspended without pay for one month and one day.
The complaint filed by the Field Investigation Office (FIO) disclosed that in 2014, it was conducting a fact-finding investigation on the illegal use of the municipality’s ambulance with plate number SKA 337 following its apprehension wherein driver Lito Torre could not provide any trip ticket to the unregistered vehicle. In the course of its investigation, the FIO issued four subpoenas duces tecum received by Apurillo on 06 May 2015. Despite receipt of the subpoenas, no compliance was submitted to the FIO.
On 08 January 2016, the FIO sent a letter to Monteza informing him of the non-compliance with the subpoenas issued to the officers of his municipality. On 10 March 2016, the FIO reiterated to Monteza its request for the production of documents. Failing to obtain any reply from Monteza, a tracer was issued to him on 18 August 2016. All requests remained unacted upon.
As defense, Monteza claimed that he overlooked the FIO directive as he was hospitalized at that time due to heart ailment, while Apurillo claimed that the documents were destroyed during typhoon Yolanda.
By Decision approved on 07 March 2018, the Ombudsman ruled that under Section 26(4) of the Ombudsman Act of 1989 (Republic Act No. 6770), any delay or refusal to comply with the referral or directive of the Ombudsman or by any of the Deputies shall constitute a ground for administrative disciplinary action against the officer or employee to whom it was addressed.
“The non-compliance of the directive contained in the March 10, 2016 letter and the August 18, 2016 1st tracer are sufficient grounds for administrative disciplinary action against respondent Monteza. He admitted that he had overlooked the directive of the FIO in its March 10, 2016 letter as he was hospitalized during that time. Notably, he failed to substantiate his claim that he was sick as he did not show any medical certificate or any proof that he was indeed hospitalized,” explained the Decision which also found Apurillo’s excuse as too flimsy and not sufficient to exonerate him from liability under R.A. No. 6770.
The Ombudsman directed the Secretary of the Department of the Interior and Local Government to implement the Decision. ###