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ADMINISTRATIVE ORDER NO. 86 -
IMPOSING THE PENALTY OF SUSPENSION FOR SIX (6) MONTHS ON ELLEN V.
HERNANDEZ, REGIONAL DIRECTOR, BUREAU OF LOCAL GOVERNMENT FINANCE,
REGION III
This resolves the administrative case filed
by Hercules M. Abela (Abela, hereinafter) against Ellen V. Hernandez
(Hernandez), Regional Director, Bureau of Local Government Finance,
Region III, for deliberate refusal to perform her official duty
contrary to Sec. 4 (e) of Republic Act (RA) No. 6713 and Sec. 3 (f)
of RA No. 3019, as amended.
The complaint against respondent Hernandez arose from her alleged
failure to act, with dispatch, on the three (3) complaints filed by
Abela against Loreto P. Azores, City Treasurer of Olongapo City, for
various acts of irregularities. The complaints were filed with
respondent Hernandez on August 14 and 26, 1991 as well as on September
20, 1991.
For the purpose of showing that she had indeed acted on the three (3)
complaints filed by Abela, Hernandez submitted her letter/resolution to
City Treasurer Azores dated December 28, 1992, clearing the latter of
the charges against him. However, the Presidential Commission Against
Graft and Corruption (PCAGC) gave no consideration to this piece of
evidence because: (1) the complaint dated September 20, 1991 had never
been referred to Azores for comment; hence, respondent Hernandez could
not have included the same in her letter/resolution; and (2)
complainant Abela was not furnished with a copy of the said
letter/resolution of Hernandez.
In its resolution dated November 7, 1997, the PCAGC pertinently stated:
". . . , [I]t is clear that from 1991, when Abela filed with respondent
Hernandez his complaints against Azores until 1995, when Abela filed
with this Commission administrative charges against said respondent
Hernandez, the latter had failed to act and resolve Abela's complaints
against Azores, perforce, herein respondent Hernandez has committed the
following acts or omissions contrary to law, to wit:
(a)
In fine respondent Hernandez, by her acts and omissions contravened
Sec. 4 (b) and Sec. 5 (a) and (d) of Republic Act 6713; and Sec. 3 (f)
of Republic Act 3019, as amended, reading as follows:
Sec. 4 (b) and Sec. 5 (a) of Republic Act 6713, read as follows:
"Sec. 4.
(a)
(b)
"Sec. 5.
(a)
communications sent by the
public. The reply must contain the action taken on the request.
xxx
(d)
and Sec. 3 (f) of Republic Act No. 3019, [as amended] reads as follows:
"Sec. 3.
xxx
(f)
The inculpatory findings and conclusions of the PCAGC, supported as they are by, or at least reasonably inferable from, substantive evidence on record commend themselves for concurrence. This is not to say, however, that the act complained of constitutes corrupt practice under Sec. 3 (f) of RA 3019. As it were, no evidence was presented to show that Hernandez failed to act with dispatch on Abela's complaint for the purpose of gaining material advantage.
WHEREFORE, premises considered, respondent Ellen V. Hernandez is hereby found guilty of the offense of deliberate refusal to perform official duty and accordingly, is hereby meted the penalty of suspension for six (6) months, effective upon receipt of a copy hereof.
DONE in the City of Manila, this 7th day of September, in the year of Our Lord, Nineteen Hundred and Ninety-Nine.
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