The Ombudsman-Visayas has moved against Tagbilaran City Mayor Dan Lim’s “open” defiance to its order suspending an incumbent barangay captain and close aide who attacked a radioman inside the station almost four years ago. The anti-graft body found “enough basis” to proceed with the charges filed by broadcaster Nestor Daarol against the mayor for “deliberately ignoring” the order to suspend without pay Poblacion 1 captain Arlene Karaan, who is his former executive assistant. Karaan is presently fielded and financed by Lim for provincial board member of the First District. Once indicted at the Ombudsman, Lim has to face the Sandiganbayan, which just convicted and sentenced to six years in jail a Luzon ex-mayor and another official for disobeying a judicial order.

In Mindanao, a mayor was reported being also meted by the Sandiganbayan a prison term for non-compliance to a Civil Service Commission (CSC) ruling. The Ombudsman ordered Lim on November 26 this year to file his counter-affidavit strictly within 10 days from receipt thereof, or his failure to comply is deemed a waiver and the case proceeds according to existing rules. Motions to dismiss and for bill of particulars as well as similar dilatory motions are prohibited pleadings and shall be stricken off the records of the case, further according to the order. The Ombudsman found “enough basis to proceed with the criminal/administrative investigation.” Daarol, hard-hitting anchor of commentary program Silab sa Udtong Tutok on DYRD, charged the city mayor with violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, grave abuse of authority and obstruction of justice. The crusading journalist accused Lim of continuously and deliberately refusing and ignoring to implement the Ombudsman order, dated October 12, 2009, suspending Karaan.

SUSPENSION CAUSE

The order for the suspension of Karaan stemmed from an earlier, separate case against her which was also filed by Daarol before the Ombudsman. To recall, Karaan, then executive assistant to the mayor, harassed and attacked the mediaman by “dousing him with liquid of tremendous and unbearable foul odor” right inside radio station DYTR on February 28, 2009. Along with unidentified male companions, Karaan then drew what looked like a hard rattan arnis stick while threatening and shouting invectives at the broadcaster, who had to scamper for safety inside the announcer’s booth. Daarol believed that the incident must have been triggered by his expose of the millions in unliquidated cash advances incurred by the city mayor, his assistants and other officials. Former Kag. Jingo “Mr. Expose” Rama believes that corruption, mismanagement of public funds and wastage of taxpayers’ hard-earned money can sum up to one of Lim administration’s faceless legacies.  Himself a former ally of the mayor, Rama is running for councilor under the Liberal Party.

GUILTY

In its October 12, 2009 decision, the Ombudsman found Karaan guilty of misconduct and suspended her from service for three months without pay as a medium penalty pursuant to the Uniform Rules on Administrative Cases in the Civil Service. The same verdict directed Lim, he being the city mayor and chief executive, to implement the suspension order and promptly submit to the Ombudsman a compliance report. Graft investigator Maria Corazon Vergara-Abrugar penned the suspension order, which was ultimately approved by Acting Ombudsman Orlando Casimiro on June 6, 2011. On November 9, 2011, the Ombudsman again directed Lim to cause the implementation of the suspension of Karaan for three months without pay. At the same time, the anti-graft body asked Lim if the suspension order might have already been implemented and, if so, a certification to this effect be issued and submitted by the mayor to the Ombudsman. Lim, however, continued to refuse, ignore and disregard the suspension order, thereby pushing the complainant to file just in October this year an affidavit-complaint against the mayor himself for graft, grave abuse of authority, obstruction of justice and other offenses.

INDICTMENT

Daarol’s Makati-based counsel, lawyer Prosencio Jaso, said they are seeking for the mayor’s indictment by the Ombudsman en route to a possible conviction by the Sandiganbayan. The Sandiganbayan recently sentenced a former mayor and the municipal engineer of Rodriguez in Rizal to six-nine years imprisonment each for disobeying a court order directing them to process building permits. In addition, they were perpetually disqualified from holding any public office.  This followed the conviction to 6-10 years in jail by the same anti-graft court of an ex-mayor of Unisan in Quezon for graft after his indictment by the Ombudsman.