BONTOC, Mountain Province – The office of the Ombudsman ordered the imposition of the appropriate administrative penalties and the filing of the pertinent criminal charges against an official of the Commission on Audit–Cordillera Administrative Region (COA) for his alleged violation of Section 8 of Republic Act (RA) 6713 or the Code of Conduct and Ethical Standards of Public Officials and Employees, particularly the religious submission of her true Statement of Assets and Liabilities and Net worth (SALN).
In a 6-page decision penned by Graft Investigation and Prosecution Officer III Christine Carol A. Casela-Doctor and approved by Deputy Ombudsman for Luzon Gerard Mosquera, the Ombudsman found Edna T. Tomelden, Director II of the COA-CAR, administratively liable for violation of the said provisions of RA 6713 and was meted the penalty of three months suspension from office without pay.
In the event that Tomelden is no longer in the service and the penalty of three months suspension can no longer be imposed, the decision stated the same is converted into fine payable to the Ombudsman.
The decision directed the COA chairman to immediately implement the decision upon receipt pursuant to Section 7, Rule 3 of Administrative Order No. 07, as amended by AO No. 17 in relation to Memorandum Circular No. 1, series of 2006 and to promptly inform the Ombudsman of the action taken.
In his complaint dated September 21, 2015, Salvador Liked stated upon inquiry from the Ombudsman, he found out that Tomelden allegedly failed to file her SALNs for the years 2004 to 2007 and 2009 which is a violation of Section 8 of RA 6713.
On February 26, 2016, Tomelden was ordered by the Ombudsman to submit her counter-affidavit and controverting evidence to which she complied on March 15, 2016.
In her counter-affidavit, Tomelden claimed she religiously filed her SALN in compliance with existing rules, the COA, through its administration sector, monitors compliance with the filing and submission by its officials and employees of their SALNs by issuing the necessary memorandum and that she never received any memorandum for non-compliance of the law requiring the annual submission of SALN and she was not privy as to how the Ombudsman keeps its records.
The decision stated it is imperative that every government official and employee must make and submit a complete disclosure of his or her assets, liabilities and net worth in order to suppress any questionable accumulation of wealth.
“It is incumbent upon Tomelden to submit her SALN to the chief or head of personnel or administrative division or unit or human resource management office of her agency on or before April 30 of every year thereafter in accordance with Section 1 (a), Rule VIII of the Rules Implementing RA 6713, as amended by Civil Service Commission Resolution No. 06-0231 dated February 1, 2006, and thereafter to the human resource management officer to transmit all original copies of SALN received to the office of the Deputy Ombudsman,”the decision added.
Further, the decision noted the records section of the Ombudsman, through the officer-in-charge, declared that there were no available SALNs of Tomeldan for years 2004, 2007 and 2009 which were on file and such unavailability of copies of the said SALNs in the records can be construed to mean that she did not file them.
The decision pointed out clearly Tomelden violated the pertinent provisions of the law related to the regular filing of SALNs and that her explanation that she did not receive any memorandum from her office requiring her to submit the missing SALNs is too trivial to be considered and neither is her assertion that she was not privy as to how the Ombudsman keeps the submitted SALN acceptable.
If indeed Tomelden submitted the said SALNs with her office, the decision pointed out she could have offered any proof of the said submission.
In a separate resolution, the Ombudsman also found probable cause to indict Tomelden for two counts of violation of Section 8 of RA 6513 and that the corresponding information be filed against her before the concerned court.
By HENT
