• GILBERT P. BAYORAN
Negros Occidental Gov. Eugenio Jose Lacson expressed support to Provincial Administrator Rayfrando Diaz II, who was slapped with a six-month suspension without pay by the Office of the Ombudsman for conflict of interest in the private practice of his law profession.
“I personally believed that he has done nothing wrong,” Lacson said on Wednesday (March 5).
On Tuesday, Diaz said that he is filing a motion for reconsideration on the decision of the Ombudsman finding him and Executive Assistant II Chery Sheil Valenzuela, who is the Provincial Bids and Awards Committee secretary, violating Section 7, paragraph b (2) of the Republic Act (RA) 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
The complaint filed by former Attorney IV Roxenne Sumanting of the Provincial Legal Office stemmed from the alleged failure of respondents to provide legal assistance or representation to the Binalbagan municipal government, in connection with an expropriation case that the municipality filed with the Regional Trial Court in Himamaylan City, and conflict of interest on the part of respondents, Diaz and Valenzuela, who appeared as counsels for JLL Agriculture and Development (JLL), one of the defendants in the expropriation case, during their incumbencies as provincial administrator and executive assistant II, respectively.
While Diaz filed a motion to withdraw appearance, the same is not voluntary as he wrote in the said pleading that he is withdrawing upon request of court.
“There has been no voluntariness on his act. Neither was there a showing of remorse or regret for having opposed an entity he ought to uphold and protect,” the court said.
In the order dated June 9, 2020, the court added that it denied the withdrawal hence, Diaz is still representing JLL against Binalbagan.
“We are going to file a motion for reconsideration… because we did not act in conflict with the government, or to the disadvantage of any local government,” Diaz said.
If a motion for reconsideration is filed, the suspension would be put on hold, he added.
Diaz said he is preparing for the worst, citing the way the case is being decided.
He added that he will respect whatever will be the decision of the governor, on how they will proceed with the suspension order.
Lacson said “the way I understand, nothing is final yet”, but the governor said he will ask Diaz what is the legal option left for him.
The Ombudsman dismissed the administrative complaint against Provincial Legal Officer Alberto Nellas Jr. for lack of merit. | GB
