• GILBERT P. BAYORAN
The Office of the Ombudsman has dismissed the administrative charges filed against Negros Occidental Provincial Administrator Rayfrando Diaz II, Provincial Legal Officer Alberto Nellas Jr. and Executive Assistant Chery Sheila Valenzuela for lack of merit.
Diaz, Nellas and Valenzuela were charged by fellow lawyer Roxenne Sumanting before the Ombudsman for conduct prejudicial to the best interest of the service, grave misconduct and abuse of authority, gross neglect of duty, oppression, serious dishonesty, and violation of Section 5(a) and (d), Section 7(b)(2) of Republic Act 6713 or “An Act Establishing a Code of Conduct and Ethical Standards for Public Officials and Employees”.
Sumanting charged Diaz and Valenzuela for alleged conflict of interest when they engaged in private law practice while being an incumbent provincial administrator and executive assistant of the provincial government.
As a result, Diaz and Valenzuela were suspended for six months without pay by the Ombudsman.
This prompted Diaz and Valenzuela to file a motion for reconsideration while being suspended.
In a resolution dated July 17, the Ombudsman dismissed the administrative charges against Diaz and Valenzuela for serious dishonesty, conduct prejudicial to the best interest of service, grave abuse of authority and misconduct, gross neglect of duty and oppression for lack of merit.
The administrative complaint against Nellas was also dismissed by the Ombudsman.
However, both Diaz and Valenzuela were found guilty by the Ombudsman for violation of Section 7(b)(2) in relation to Section 11(b) of RA 6713, and pursuant to Section 10(b), Rule III of Administrative Order No. 07, as amended, and meted the penalty of suspension from the service for one month without pay.
Diaz described the Ombudsman decision as a “partial victory”, adding that he will wait for a reinstatement order from the Department of the Interior and Local Government, following the reduction of the penalty from six months to one month.
Since he served the suspension order effective June 10 this year, Diaz said he should be back to work by July 9.
He added that they will elevate the case to the Court of Appeals for final decision. | GB
