THE Office of the Ombudsman has upheld its order dismissing Cebu City south district Rep. Rodrigo Abellanosa from service.
The anti-graft office denied Abellanosa’s motion for reconsideration of its decision that found the lawmaker guilty of grave misconduct for his involvement in the Cebu City Scholarship Program, which allegedly benefits a school he owns.
Abellanosa said he hasn’t received a copy of the order yet.
“According to my lawyer in Manila, his office has not received a copy of the Ombudsman’s order. So he cast doubts on the veracity and source of the document,” Abellanosa said.
In an order dated February 17, 2015 but was received by the parties only recently, the Ombudsman said the congressman failed to present enough evidence to overturn its decision.
“Finding no basis to warrant the reversal or modification of the decision dated May 16, 2014, this Office denies the respondent’s Motion for Reconsideration. Accordingly, the subject decision stands,” read the order of Graft Investigation and Prosecution Officer 1 Jess Vincent Dela Peña.
It was reviewed by acting Director Gaudioso Melendez and approved and signed by Ombudsman Conchita Carpio Morales.
The dismissal order will be endorsed to Congress, or its committee on ethics, for appropriate action, the order further stated.
In its earlier order, the Ombudsman found Abellanosa guilty of grave misconduct and ordered him dismissed from service.
Along with the dismissal are cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification from re-employment in the government service.
This was challenged by Abellanosa’s lawyers in a motion for reconsideration wherein they argued that the Ombudsman has no jurisdiction and no disciplinary authority against him since he’s a member of Congress.
They also argued that since he was re-elected from city councilor to congressman, the complaint is already moot and academic by virtue of the Aguinaldo doctrine.
He also said there’s no conflict of interest in the scholarship program since he has no control over the parties in the memorandum of agreement and he never also became a beneficiary of the scholarship program.
Abellanosa also said the complaint of Philip Banguiran constituted forum shopping since it’s identical to a complaint filed by his congressional opponent Aristotle Batuhan before the Office of the President.
But the Ombudsman found no merit in his motion since there was no new evidence to justify the reversal or modification of the decision.
The Ombudsman said it has jurisdiction over the complaint since it refers to his being a city councilor and not to his being a congressman. His taking office as congressman only came later.
“Respondent was investigated for his act as then Cebu City councilor and not for his act of being a congressman. Thus, he, being then a city councilor, is well within the jurisdiction of this office,” the order said.
They also ruled that Abellanosa’s invocation of the Aguinaldo doctrine is “misplaced” since it only refers to the re-election of the same position.
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