Admin rap filed vs. SBMA deputy admin over grave misconduct

An advocacy group on Tuesday filed with the Office of the Ombudsman an administrative complaint against an official of the Subic Bay Metropolitan Authority (SBMA), for performing functions outside his previous position.

In its complaint, the Citizens Crime Watch accused lawyer Randy Escolango, currently the deputy administrator for legal affairs of the SBMA, of malfeasance, gross or grave misconduct, and conduct prejudicial to the best interest of service due to his actions while still officer-in-charge (OIC) at the SBMA Office of the Administrator last year.

In their complaint-affidavit, the complainants stated that on September 23, 2016, President Rodrigo Duterte appointed Martin Diño as chairman of the SBMA Board of Directors. He assumed position on October 3.

As SBMA chairman, Diño was also tasked to perform duties as administrator and chief executive officer of the SBMA.

It can be recalled that Diño, who was then running for president in the May 2016 polls, withdrew his candidacy and named Duterte as his substitute.

However, on October 19, Executive Secretary Salvador Medialdea issued a memorandum designating Escolango as SBMA OIC, which was only effective for two months, or until December 2016.

Despite having no authority to do so, Escolango issued orders, designated and and appointed personnel, and entered into contracts for the SBMA, claimed the advocacy group.

"Here, the respondent neither had the legal right nor the authority to issue the subject office orders," the complainants said in their affidavit.

According to them, issuing subject office orders and memoranda are an "exercise of discretionary functions" only by the appointed SBMA Administrator, which was Diño.

Escolango, as OIC, has no power to appoint as well, the complainants said, "unless the designation issued by the proper appointing authority includes expressly the power to issue appointment."

Moreover, the complainants said Escolango committed grave misconduct when he "performed acts which are discretionary in nature and hence are beyond his authority to do so being merely an issuance."

Escolango also tarnished the integrity of his office when he usurped official functions, the complainants argued.

"His conduct is grossly prejudicial to the best interest of the service characterized by a willful intent to violate the law and to disregard established rules," they said. — RSJ, GMA News