The acting manager of the National Irrigation Administration Region 7 office is now in hot seat barely two months after he took over the office as a charge of alleged extortion is filed against him at the Office of the Ombudsman-Visayas. An administrative and criminal complaint received by the Ombudsman-Visayas office on December 22, 2011 tagged acting NIA Region 7 irrigation manager Diosdado A. Rosales of allegedly extorting money from an applicant, identified as Joselito F. Lambojon, in the amount of P100,000 in exchange for his signature in a document that would certify that the latter’s appointment is in order. The vacant position, Administrative Services Chief A, had two other applicants, and as alleged in the complaint, respondent Rosales asked the amount purportedly to be given to the two applicants who will waive their interest for the position in favor of Lambojon. The two applicants were to received P50,000 each that will insure Lambojon gets the position.

The monetary demand of the acting regional manager was heard by two witnesses during a cellular phone conversation that was put on loudspeaker mode. The two corroborated the allegations in the complaint. The call of Rosales, allegedly made noontime on September 19, 2011, demanding P100,000 from complainant Lambojon, quoted the respondent as threatening: “unless you give me One Hundred Thousand for your appointment, otherwise I will not sign it.” In a check with Rosales yesterday afternoon, he denied having attempted to extort money from the complainant. He said he will not sacrifice his long career in government for a price of P100,000, the amount insinuated in the alleged extort try. Although the charge was for extortion, complainant Lambojon failed to produce the money. He was working at the NIA 7 regional office since June 2009 on casual status but was terminated by acting manager Rosales on December 31, 2011, effective immediately.

Complainant Lambojon, in an interview, said the act of acting manager Rosales constitutes abuse of authority and corruption, in violation to R.A 3019 Anti-Graft and Corrupt Practices Act and R.A. 6713, the Ethical Conduct and Standards of Public Officials and Government Employees. When the vacant position was opened and published on April 19 to May 4, 2011 pursuant to Civil Service rules, the NIA 7 Personnel Selection Board, which include respondent Rosales, issued a certification to the effect that Lambojon, who is a graduate of Bachelor of Laws (LLB), and two other applicants namely Ailene Garcia and Pacifico Alfarero Jr. were screened and had been found eligible for the position. The signature of Rosales was affixed in the certification. Then regional director Engr. Modesto G. Membreve eventually appointed Lambojon to the position with a permanent status. The regional director’s appointment of Lambojon had the signature of Rosales, being a member of the personnel selection board.

However, on August 9, 2011, a letter from Nissi Cherith V. Asis, Director II, Civil Service Commission sent to the NIA-7 office called the attention on Lambojon’s appointment citing a defect in the publication; that it should be Administrative Services Officer V (Item No. 36-16 in the Plantilla of Personnel) and not Administrative Services Chief A as earlier published. The regional director Membreve, in compliance to the CSC directive, republished the vacant position, posting in the office bulletin board from August 11-25, 2011. After compliance of the posting and publication requirements, Lambojon was reappointed to the correct position as Administrative Services Officer V, the appointment duly certified by Engr. Dexter G. Patrocino, Chairman of the Personnel Selection Board. In the same appointment, the signature of Rosales was required, being member of the selection board, to certify, among others, that the publication requirements were complied. Through manifest partiality, evident bad faith, Lambojon said Rosales allegedly did not sign the certification in the appointment.

Then regional director Membreve, noting the refusal of Rosales to affix his signature on the appointment of Lambojon, then issued an Office Memorandum dated September 12, 2011 requiring Rosales to sign. The latter refused to follow the memorandum of the regional director. It was then that the demand for money transpired, as alleged in the complaint. Two other names were mentioned by Rosales as new applicants; namely Rufinita Ada assigned at the Irrigation Management Office, IMO-Negros Oriental, Siquijor and one Higinia Castillon, financial analysts in the Region 7 office. Respondent Rosales allegedly told Lambojon that unless he pays the two P50,000 each, they will file a protest against his appointment. The two witnesses, Emmanuel Lagura and Zenaido Rama who were with Lambojon in the NIA-7 canteen when Rosales made the call demanding the P100,000 pay-off, executed sworn affidavits attesting veracity of the monetary demand made in a cellphone call. Both witnesses said their sworn statements are voluntary and were of their own free will.

DENIAL

In another interview at the NIA 7 office, respondent Rosales denied all allegations in the complaint. “All the charges are fabricated and were planned, premeditated. There are people behind this, with the intention to malign my name.” Rosales assumed the regional irrigation management position after then director Membreve was transferred to the CARAGA region last December 2011. Insiders at the regional office pointed to Rosales as among those who allegedly worked for the transfer of Membreve. In denying the allegations, Rosales said “the burden of proof is on the accuser.” “Lambojon will suffer serious consequences if he fails to prove his accusations,” Rosales warned. The new applicant Higinia Castillon, during the interview, when called to comment in the mention of her name in the complaint, denied having demanded P50,000 in exchange of no longer filing a protest on Lambojon’s appointment. “That can never happen in my long years with NIA. I have four professional children, the fifth soon to complete college, and I have raised them with honor and dignity,” Castillon said. Rosales added that the responsibility is high and he cannot affix his signature to certify something which is not right. He said the appointment of Lambojon was manipulated with the knowledge of former director Membreve. He also lamented why the complaints against him already reached the media while he was not furnished a copy nor received any communication from the office of the Ombudsman. “In due time, I will answer those charges to prove my innocence,” Rosales said.