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VOLUME XXII No. 30
Tagbilaran City, Bohol, Philippines
February 3, 2008 issue
 

Dumaluan faces raps for non-disclosure of assets

 

 

For failure to file his statement of assets and liabilities when he was still vice-mayor, former Panglao Mayor Doloreich Dumaluan has been haled to court for violation of the Code of Conduct and Ethical Standards for Public Officials and Employees. In an eight-page resolution, graft investigator Sarah Jo Vergara found sufficient evidence tending to prove that Dumaluan failed to file his sworn statement of assets and liabilities and net worth (SALN) for the years 2001 to 2003 during his term as vice mayor. Vergara recommended the filing for four counts of violation of section 8 in relation to section 11 of Republic Act No. 6173.

The case was filed by Sunday Post publisher Boy “BG” Guingguing which was docketed as OMB-V-C-06-0116-B was filed before the Office of the Ombudsman Visayas. In his complaint, Guingguing narrated that on Dec. 7, 2005 , he requested for a copy of Dumaluan's SALN who won as mayor during the 2004 elections. Dumaluan was the vice mayor prior to his election as Panglao mayor. The only SALN that Guingguing was able to get hold of was for the year 2004 which was filed only on June 7, 2004 . The resolution said that apparently, respondent failed to file his SALN within 30 days after assuming office in June 2001.

In his failure to file his SALNs, the resolution said Dumaluan was alleged to have violated the provisions of RA 3019 of the Anti-Graft and Corrupt Practices Act as amended and RA 6173 which is the Code of Conduct and Ethical Standards for Public Officials and Employees. Dumaluan questioned the motive of the complainant in filing the case and wondered why he was singled out when all other elective officials of Panglao failed to file their SALN. The respondent also alleged that he did prepare his SALN for the years 2001 to 2003. The usual practice was for a staff of the council to deliver and turn over along with those of all the other council members to the office of municipal local government operations officer (MLGOO) Nenito Sanchez. Upon verification, Dumaluan said Sanchez failed to submit the SALN to the Ombudsman.

In resolving the complaint, the resolution noted that it is immaterial if it was indeed the customary procedure for the presiding officer and council members of Panglao to simply hand over their SALN to the MLGOO.“The so-called Operation Officer is not an agent or official representative of the Ombudsman, and neither is he authorized by law to receive and be the custodian of the SALN,” the resolution noted. The resolution noted that it is “beyond doubt” that respondent really failed to file his SALN for the years 2001 to 2003. “That the other SB members who likewise failed to file their respective SALN, were not included in the complaint on hand, does not offer much saving grace for respondent for such fact does not at all validate his non-filing of SALN,” it added. The resolution said the circumstances behind the subject failure to file in basic terms “illustrate the complacency of the officials involved and reflects how they belittle the task of accomplishing and submitting the SALN,” the resolution added. It was reviewed by Director Edgardo Canton and recommended by Director Virginia Palanca-Santiago. The resolution was approved for filing by Overall Deputy Ombudsman Orlando Casimiro on Nov. 13, 2007.

 
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