Eastern Samar vice mayor faces graft rap for refusing to reinstate employees

The Office of the Ombudsman has ordered the filing of a graft case against the recently elected vice mayor of the municipality of San Policarpio in Eastern Samar over his alleged refusal to reinstate three employees whom he allegedly dismissed without basis during his term as mayor in 2012.

In a resolution recently signed by Ombudsman Conchita Carpio Morales, San Policarpio vice mayor Conrado Nicart III was ordered charged before the Sandiganbayan with violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Section 3 (e) of RA 3019 prohibits a public official from giving any party unwarranted benefit, advantage or preference or from causing any party, including the government, undue injury.

Based on the Ombudsman’s investigation, Nicart during his term as mayor of San Policarpio in January 2012, ordered three employees—then agricultural technician Diosdado Cidro, civil registrar Virginia Acol and budget officer Anita Moscosa—dropped from the payroll and dismissed from service, allegedly without lawful basis.

The Ombudsman said the Civil Service Commission (CSC) in the same year issued an order to reinstate the three employees after it supposedly found out that the affidavit cited by Nicart as basis of their dismissal was “executed under coercion.”

Despite the CSC’s ruling, the Ombudsman said Nicart did not issue a return-to-work order that would have reinstated the three employees to their respective posts.

“The non-issuance of a return-to-work order and the delayed reinstatement of the complainants by the respondent only succeeded to manifest his partiality against them,” the Ombudsman’s resolution read.

Nicart was elected as vice mayor of San Policarpio during the May 9, 2016 elections.

In a statement sent to GMA News Online via email, Nicart’s legal counsel Crispin Simoun P. Cercado maintained that there are valid reasons for the dismissal of the municipal employees.

“This case started way back 2011 when former mayor Nicart removed them for Dishonesty and Grave Misconduct when they made it appear that they reported to work when in fact they did not. This caused great detriment to the government,” Cercado said.

“Certainly, as Mayor, my client could not countenance and tolerate administrative infractions specially if it involves dishonesty,” Cercado added.

Cercado also claimed that while the three employees appealed his client’s decision before the CSC, the Commission just remanded the case back to Nicart’s office.

“The Mayor issued a Decision removing them from service and the same was appealed to the CSC. The CSC on appeal remanded the case back to the Mayor. Pending decision on the remanded case, the Former Mayor included them in the payroll,” Cercado said.

Cercado said that despite re-inclusion in the payroll, Cidro, Acol and Moscosa did not report for work.

“The former Mayor even issued a notice to them that they have already accumulated more than 30 days unauthorized absences,” Cercado said.

Cercado said Nicart affirmed his earlier decision to dismiss the three employees “after due notice and hearing”.

“They neither filed an appeal nor questioned the decision on the remanded case,” Cercado said.

Cercado said Cidro, Acol and Moscosa are currently in the process of claiming their backwages amounting P807,804 as per the records of the Municipal Accountant.

Cercado further said that their camp has already filed a motion for reconsideration on the Ombudsman’s decision and is hoping for a fair ruling.

“We have timely filed our Motion for Reconsideration on the order. And we prayed that the Honorable Ombudsman reconsider the decision on the ground that they were dismissed for cause, that they intentionally did not report to work and that they are already processing the payment of their backwages,” Cercado said. — KG/BAP, GMA News