SORSOGON CITY, Sorsogon Province, 23Sept2013 (BicolToday.com) – Beleaguered Sta. Magdalena Mayor Alejandro Gamos and two others face dismissal today (Monday) as top officials of the Local Government have proceeded to his office to serve the Ombudsman order.
The DILG officers are accompanied by police to reinforce the dismissal order as reports reached the DILG regional office in Legazpi City that Gamos loyalists are waiting to dig in for a stand-off.
This was the result of a case filed against Mayor Gamos, Roselyn Gile, accountant and Virginia Laco, treasurer of Sta. Magdalena town when they took and approved cash advances 52 times amounting to 8.207 million pesos, starting August 2004 to October 2007, with no stated purposes. and with the lapse of settlement as prescribed by COA, had failed to liquidate the same.
Based on the audit findings, the Ombudsman noted that there were cash advances which were not entered in the books of account of the municipality, had remained unliquidated after the issuance of demand letters from the audit commission.
It was referring to the transactions entered in the name of Gamos and Laco respectively. Gamos received check no. 175255 of 400 hundred thousand pesos with no stated purpose. He is yet to liquidate the amount. Laco advanced 6.45 million pesos with an unliquidated balance of 3.241,524.78 pesos..
Jocelyn Gallanosa and Joselito Robillos filed the complaints against the three government officials. At that time, Gamos is not the sitting mayor, while Gile and Laco held key municipal departments which control public funds.
The Ombudsman documents revealed that Gamos at that time incurred 52 cash advances amounting to 8.207 million despite the fact that his previous cash advance were not settled, contrary to Section 89 of PD 1445. He was not bonded, nor a disbursing officer, all his cash advances have no stated purpose, and no statements of proposed expenditures, and he has an unliquidated balance of 2,770,589.60 or 34% of his total cash advances.
As to respondents Gile and Laco, the graft body said that though aware that previous cash advances were not yet liquidated, but for reasons only known to them, they chose to ignore the rules and regulations pertaining to the granting and utilization of cash advances.
On Laco, the records revealed that, as of Sept 2008, she has an outstanding unliquidated cash advance in the total amount of 3,241,524.78. Per COA Circular 97-002, a prescribe period was set for settlement of the cash advance, which she failed to follow.
The committed acts of Gamos, Gile and Laco made them liable for grave misconduct, the elements of corruption, clear intent to violate the law or flagrant disregard of established rules were manifested from the acts or omissions of the respondents.
Their failure to prove that they did not malverse, misappropriate, nor convert to their personal use and benefits the subject cash advances have given rise to legal presumption that they had used the money to the damage and prejudice of the government.
It believed that evidences submitted by complainants were sufficient to render them administratively liable. Grave Misconduct being classified as grave offense, the penalty of DISMISSAL from the service should be imposed upon all respondents with cancellation of eligibility, forfeiture of benefits, perpetual disqualification from holding public office and bar from taking civil service examination. [BicolToday.com]