VALLADOLID Vice Mayor Rommel Yogore and Municipal Treasurer Cherryl Aguirre asked the Office of the Ombudsman-Visayas to reconsider its order to suspend them for three months without pay.
The Ombudsman decision, dated April 14, found Yogore and Aguirre guilty of simple misconduct. It was signed by Amy Rose Soler-Rellin, graft investigation and prosecution officer III, and approved by Ombudsman Conchita Carpio-Morales.
The case stemmed from a complaint filed by resident Larry Concepcion, also a radio broadcaster.
He stated in the complaint the Municipal Government led by Yogore, when he was still a mayor, favored JB Nieve Hardware and Construction Supply, which is owned by Yogore’s brother-in-law.
The complainant further alleged the Municipal Government paid the supplier a total of P288,271.88 for the delivery of supplies and materials in nine transactions from January 25, 2010 to May 31, 2010.
The Ombudsman decision said the nine transactions lacked the resolutions of the Bids and Awards Committee “recommending shopping as the alternative mode of procurement for the said supplies and materials,” which violated Republic Act 9184, or the Government Procurement Reform Act.
Yogore and Aguirre’s motion for reconsideration, which was filed October 7, prayed that a “decision be rendered setting aside and reconsidering the decision dated April 14.”
It is further prayed that respondents be absolved from the charges filed against them, the motion stated, adding that the decision finding Yogore guilty of simple misconduct is contrary to jurisprudence.
The questioned project was implemented in 2010, when respondent Yogore was then serving his first term of office, adding that he is now serving a new term of office as vice mayor of the town, effective July 1 this year, the motion pointed out.
Yogore also appealed that his “invocation and reliance on the condonation rule be respected and given credence” by the Ombudsman.
The motion pointed out that both Yogore and Aguirre complied with the order to submit a position paper, contrary to what was stated in the Ombudsman decision.
“Respondent Aguirre begs the kind of indulgence of the Honorable Ombudsman and prays that her defenses and arguments mentioned in the position paper be recognized and judiciously considered in the resolution of the administrative case,” the motion said.
The motion stressed that there is no final notice of disallowance or final notice of suspension issued against Aguirre for the alleged transaction, adding that “there is no factual and legal basis to hold respondent Aguirre administratively liable for this particular transaction.”
Lilian Española, local treasury operations officer IV, was also included in the case, but she was cleared since she already transferred to Candoni town on January 8, 2010.