Ombudsman finds Elipe, sister guilty

By NITZ ARANCON
Correspondent

 THE Office of the Ombudsman has held former councilor President Elipe and his sister guilty for serious dishonesty and falsification of an official document.

It absolved former vice mayor Caesar Ian Acenas and city secretary Arturo de San Miguel in the administrative case filed by acting city administrator Dionnie Gersana on Jan. 22, 2015.

In his complaint, Gersana accused Quizon and the officials of conspiring to falsify the daily time record for the Oct. 16-31, 2013 payroll of the city council.

Elipe and Quizon were ordered dismissed from the government service. The penalty carries with it the cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office and bar from taking civil service examinations.

In a July 24, 2015 ruling approved by Ombudsman Conchita Carpio Morales, Mayor Oscar Moreno was ordered to cause the implementation of the decision within 10 days after he has received a copy of the order.

The ombudsman stated that in the event that the dismissal can no longer be enforced due to the respondents’ separation from the government service, “the same shall be converted into a fine equivalent to the respondents’ respective salaries for one year payable to the Office of the Ombudsman, and may be deductible from their retirement benefits, accrued leave credits or any receivable from their office.”

Gersana, in his complaint, alleged that it was made to appear that Quizon, who served as Elipe’s secretary, reported for work on Oct. 25, 29 and 30, 2013 when travel records obtained from the Bureau of Immigration show that she left the country on Oct. 25, 2013 and returned only on Oct. 30, 2013.

Gersana alleged that Elipe approved and certified the DTR to be correct and de San Miguel and Acenas allowed it.

In their joint affidavit, Elipe and Quizon stated that the DTR entries were made in good faith and without a deliberate intent to falsify.

They said that Quizon served as a confidential employee under Elipe, and that she rendered work more than eight hours a day, including weekends and holidays because of the nature of her brother’s work as councilor at that time.

They also said the flexible working hours system was a common practice allowed because of the nature of their work.

Elipe and Quizon also questioned Gersana’s complaint, arguing that since it involved people in the city council, the disciplinary authority should have been the vice mayor.

They also argued that the action has been prescribed, having been filed over a year from the date of the alleged infraction.

The ombudsman however stated that it found Elipe and Quizon guilty for the administrative offenses, and that it has the power to investigate a complaint filed by any person against a public officer or employee. It said the law also gives the ombudsman a wide range of discretion whether or not to proceed with an investigation even beyond the expiration of one year from the commission of an offense.

The ombudsman also rejected the contention that offsetting of overtime work is allowed as a common practice among confidential staff of the city council. It said “it lacks merit” and “no law permits such a wrongful practice.”

“Ïndubitably, such are clear acts of dishonesty and falsification of an official document on both respondents Quizon and Elipe’s part… Elipe has not only tolerated the acts of dishonesty and falsification committed by respondent Quizon, he also abetted the accomplishment thereof,”reads part of the seven-page ruling by graft investigation and prosecution officer Rosemil Robles Bañaga.