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| Vol. XX No. 45 |
January 17, 2001 |
Virac, Catanduanes |
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The Catanduanes Tribune Rawis, Virac Catanduanes, Philippines - 5001 Tel. No.: (052) 811-1267 or 811-2640 Fax No.: (052) 811-1267 E-mail:
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Publisher-Editor Edwin A. Gianan |
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Advertising- Circulation Manager Simeon G. Cueno |
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Web Master: Calgary, Canada |
Major Developments
In CNHS overtime case Ombudsman denies Crispino's appeal
The Ombudsman has denied a motion for reconsideration filed by Catanduanes National High School principal Leandro I. Crispino and another official in connection with their alleged illegal overtime claims.
In its Order dated November 29, 2000 which was received only last week, the Office of the Deputy Ombudsman for Luzon found Crispino's appeal for reconsideration to be "devoid of merit" and denied the same.
The beleaguered CNHS principal and head teacher Virgilio R. Orendain had earlier asked the Ombudsman to set aside its August 30, 2000 Resolution affirming the recommendation of Assistant Provincial Prosecutor Antonio C.A. Ayo, Jr. for the dismissal of the case they filed against administrative officer Ma. Millie M. Rumbines and cashier Jose R. Tayas.
In the motion, Crispino and Orendain asserted that as head of agency, they have fiscal responsibility as provided for under Section 2 and 102 of Presidential Decree 1445. They claimed that the respondents, being their subordinates, had to process and issue a corresponding check to approved vouchers, including their overtime claims.
They further averred that the audit memorandum of Resident Auditor Eliseo Torrena dated May 6, 2000 ordering Crispino as head of agency to stop all forms of overtime payment is eventually a pre-audit which is contrary to Section 25 of PD 1445.
In her decision, Graft Investigation Officer II Teresita P. Butardo-Tacata said respondents Rumbines and Tayas could not be held criminally liable for their refusal to act on the claim of the complainants for overtime pay.
It said the records of the case reveal that the refusal of the respondents to act on their claim was valid in view of the ruling of the Commission on Audit on the matter and the clarification made by Department of Budget and Management (DBM) Secretary Benjamin E. Diokno
"Complainants, as heads of agency, should exercise the diligence of a good father of a family in supervising accountable officers under their control," the Ombudsman stressed. "They should see to it that government funds and property are spent and used legally and not in violation of laws or regulations."
Thus, it added, when the COA rules that they are not entitled to overtime pay, they must be the first ones who should abide by it instead of insisting (on) the illegal payment of their claim. The ruling was concurred by Director Emilio A. Gonzalez III and Deputy Ombudsman for Luzon Jesus F. Guerrero.
The Ombudsman had earlier dismissed the complainant's case against Rumbines and Tayas for misconduct in refusing to process the overtime claims of Crispino and Orendain amounting to P29,367.00 and P26,395.00, respectively.
Meanwhile, CNHS teachers and employees have reiterated their appeal for the conduct of an impartial investigation of controversial principal Leandro I. Crispino.
CNHS Teachers and Employees Association president Jose R. Tayas told the Tribune that while the DECS division office here has ordered its Grievance Committee to resolve the issue regarding their request for Crispino's immediate transfer or relief, it would be better if the department conducts its own probe.
He disclosed that the Grievance Committee - composed of Administrative Officer Rudy Rojas, Assistant Division Superintendent Rivera, Non-Formal Education supervisor Santiago Gurrobat and Judito Gonzales - met last December 28, 2000 at the division office.
A source says that there is no chance that the protagonists could be reconciled as no common ground was reached during the Dec. 28 meeting. He added that the Committee has yet to issue its resolution on the matter nor transmit it to the DECS regional office so the latter can create an investigating committee.
It may be recalled that a majority of the entire CNHS workforce filed a petition with the DECS regional office last September 18 calling for the immediate relief of Crispino, citing instances of breached superior-subordinate relationship, abuse of authority and, graft and corruption. The teachers vowed to furnish the DECS with solid evidence and vital documents attesting to the alleged irregularities committed by the principal.
