Ombudsman dismisses cases vs. Mangaldan mayor, top cop

August 7, 2017 at 7:14 am Leave a comment

By Mortz C. Ortigoza

 MANGALDAN – The criminal and the administrative cases filed against the mayor and the former chief- of- police (COP) here were dismissed recently by the Ombudsman.

Jojo Tonette

BARS. Mangaldan Councilor Jojo Quinto (L), former chair of barangay Poblacion,tearfully told media men  in December 3, 2014 how he and then Council Woman Tonette Morillo, the incumbent Poblacion Barangay chair, were arbitrary arrested by the police. They were jailed after they violated the 60- day preventive suspension imposed on them by Mangaldan Mayor Bona Fe D. Parayno.

 The joint resolution signed last July 14, 2017 by Ombudsman Conchita Carpio-Morales, she approved the recommendation of Alex P. Ramos, graft investigation and prosecution officer II that there was no criminal case of arbitrary detention and administrative cases of grave misconduct and oppression on the complaint of former Poblacion Barangay Chairman Joselito G. Quinto and Barangay Poblacion First Council Woman Melinda P. Morillo.

“The charge for Arbitrary Detention must fail because the detention of complainants was with legal ground. Complainants’ suspension commenced on 16 October 2014 and was supposed to end on 16 December 2014. The termination of the administrative proceedings and the referral of the case to the court did not automatically lift their preventive suspension,” wrote Ramos on January 29, 2016.

 Ramos, whose office was based in Quezon City, also said the administrative complaint against respondents for grave misconduct and oppression must also fail.

“Moreover, respondents are presumed to have regularly performed their duties in the absence of evidence to the contrary. Also, absent of showing that they were actuated by improper motive, their statements are entitled to full faith and credit,” continued by Ramos.

   It can be recalled that on September 17, 2014, the Sangguniang Bayan (SB) of this first class town passed Resolution No. 2014-83 recommending complaints’ preventive suspension based on the administrative complaint filed against them by respondent Parayno. On September 20, 2014 Mayor Parayno issued a Memorandum Order preventively suspending complainants for sixty days beginning in October 16, 2014 to December 16, 2014.

The suspension against the duo was caused by the criminal charges by the mayor of Illegal Exaction after they accepted fees in their issuance of barangay business permits to traders that Parayno said only the office of the mayor could do.

  In his Counter-Affidavit, Superintendent Candelario claimed that his office received the Memorandum directing him for the strict observance of the preventive suspension of complainants.

Candelario added that he merely complied with the order on the Memoranda and that he could not be held criminally and administratively liable for arbitrary detention as he was merely performing his duties as the chief of police here.

Candelario is no longer the town’s top cop as he was assigned to Binmaley, Pangasinan.

Quinto and Morillo sued last December 15, 2014 the mayor and Candelario with arbitrary detention, grave misconduct, and oppression.

When asked by this paper on the Joint Resolution finally signed by Ombudsman Carpio-Morales, Mayor Parayno was ecstatic.

“Of course I am so happy justice has prevailed at talagang I am happy at the justice system kasi alam nila patas ang justice system,” she stressed.

Entry filed under: News.

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