Ombudsman orders village chief dismissed over misfiled SALNs
Sabangan, Mountain Province—The Office of the Ombudsman has ordered the dismissal of a barangay captain here for gross neglect of duty for failing to submit his required Statement of Assets and Liabilities and Net Worth from 2010 to 2016.
In a five-page decision penned by Graft Investigation and Prosecution Officer II Joyrich M. Golangco, Barangay Napua Chairman Willie B. Bacoong will also be meted the accessory penalties of cancellation of eligibility, forfeiture of retirements benefits, perpetual disqualification from holding public office, and being barred from taking civil service examinations.
On Aug. 3, 2017, Richard Budod and Juniper C. Dominguez filed a complaint of neglect of duty against Bacoong for his alleged failure to file his SALNs for seven years and for not declaring his mini-dump truck as an asset in the same documents.
Bacoong denied the charges, explained that he filed his SALNs with the Secretary of the Liga ng mga Barangay, Sabangan chapter, and attached the copies of his assailed SALNs in his counter-affidavit.
But records showed that Bacoong failed to submit his SALNs for 2010 to 2016 to the Deputy Ombudsman, as required by existing rules and regulations. The submission of his SALNS to the Liga ng mga Barangay was not deemed substantial compliance with the requirement of the law since they were not submitted to the proper office.
The Ombudsman noted that Bacoong’s SALNs for the years 2011 to 2014 allegedly submitted to the Liga office were all undated and unsigned, while his SALNs for 2015 to 2016 were undated.
All the documents did not show they were received by the Liga, thus, his repeated failure to comply with law “manifestly shows his palpable breach of duty making him administratively liable for gross neglect of duty,” the Ombudsman said.
Apart from dismissal from the service, the Ombudsman also recommended Bacoong’s indictment for seven counts of violation of Section 8 of Republic Act No. 6713 or the Code of Conduct and Ethical Standards of Public Officials and Employees, which will be filed with the local courts.
The Ombudsman found substantial evidence to hold Bacoong administratively liable for gross neglect of duty, which upgraded the earlier case of neglect of duty filed against him, because the cause of action in a complaint “is not determined by the designation given to it by the parties and it is the allegations in the body of the complaint that define or describe it,” it added. Dexter A. See