The Office of the Ombudsman in the Visayas dismissed the administrative case filed by Councilor Caesar Distrito against the late Sangguniang Panlungsod Secretary saying it is a mere duplication of the administrative complaint that was filed by the councilor before the Office of the Vice Mayor.

The case filed by Distrito against the late Nilo Alejandrino involved a chair- throwing incident at the SP office after the SP Secretary altered the name of City Legal Office Joselito Bayatan in the notice for public hearing, has already been decided by the Vice Mayor’s Office.

In his counter-affidavit, Alejandrino, who was represented by his counsel, Lorenzo Alminaza, said the administrative charges filed by Distrito was the same complaint he filed before the VMO.

He said Distrito allegedly misled the Ombudsman into docketing administrative charges against him so he asked for its dismissal as it had already been filed in another forum.

In his reply, Distrito said, he did not commit forum-shopping, as the cover letter of his complaint clearly indicated that he only intended to file a criminal complaint before the Ombudsman because the administrative complaint was filed in a different forum.

In her decision dated May 8, 2012, Luanne Ivy Cabatingan, Graft Investigator and Prosecution Officer I, said that more than just merely including grounds for criminal and administrative charges against Alejandrino, the complaint-affidavit of Distrito itself contains a very specific prayer for preventive suspension.

Asked for his reaction, Distrito said “That is normal and expected as I was, in fact, the one who had prayed for its dismissal as I did not file an administrative case against him (Alejandrino) before the Ombudsman, but before the VMO.

“They earlier took cognizance of the administrative aspect when I filed the criminal case. As everyone knows, I did not file it with them,” he said.

Distrito also said the administrative case had already been dismissed by the administrative body which is the VMO. They just made a correction on the matter, he said.*CGS

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