Dismissal from service,  cancellation of eligibility, forfeiture of retirement  benefits, and perpetual disqualification for reemployment in the government service  were the penalties meted to the Secretary of the Sangguniang Panlungsod in Bacolod City by the Office of the Vice Mayor  for the  administrative case filed against him by Councilor Caesar Distrito.

Vice Mayor Jude Thaddeus Sayson,  the SP disciplining authority,  in his decision dated February 16, 2011, found Nilo Alejandrino liable for grave misconduct, abuse of authority, conduct unbecoming and unprofessional conduct,  based on the complaint of Distrito.

Sayson based his decision on the report and recommendation dated Feb. 15, 2012 submitted by the Investigating Committee composed of Councilors Dindo Ramos, Homer Bais and Roberto Rojas.

Alejandrino could not be reached for his comment as of press time.

Sayson said an order was served to the parties of the case to submit position papers  within five days,  and Alejandrino was granted the extension he had requested, yet he still failed to submit his answer,  and this was considered as a waiver on his part.

Sayson  noted that there was  abuse of authority and misconduct when Alejandrino altered, erased and changed the name of City Legal Officer Joselito Bayatan  to “casual employee” in the notices of hearings of Distrito, chairman of the SP Committee on Laws, Ordinances and Good Government.

Sayson said City Ordinance 107, series of 1993 does not give Alejandrino the prerogative to change or alter the notices of hearings, which is beyond his functions since he is only allowed the ministerial duty of sending notices to the people or officers who are invited.

He also said that when Alejandrino changed and altered the names in the notices of hearings for the reason that he was taking revenge against Bayatan, he encroached upon the duties and prerogatives of Distrito and exceeded his functions.

Sayson said Alejandrino is liable for grave misconduct, abuse of authority, conduct unbecoming and unprofessional conduct when he shouted at and humiliated Distrito and telling the latter that he can do whatever he wants,  even changing the names in the notices,  and that he  is not afraid of anybody.

 He said Alejandrino is also liable when he mocked the physical disability of Distrito by saying “Kay Man Gapabulag-bulag ka mo! (because you are playing blind)”,  and  that was not a flimsy excuse when he argued that he was only referring to the act of Distrito,  and not to his disability.

Sayson  said he also considered the Magna Carta for Disabled Persons which prohibits any person from shouting or using insulting words imputing to the disability of a person. Alejandrino,  being a lawyer himself, should be the first to be  expected to observe and respect the rights of any individual,  including the complainant, he said.

The decision also discussed   the action of Alejandrino when he threw a chair at Distrito, an act  he later denied. It said that the testimonies of the witnesses presented by the complainant are heavier than the denial and the lone testimony of Alejandrino’s witness,  who was not present during the incident.

It also stated that Alejandrino’s denial is not supported by substantial and convincing evidences, which made it  negative and self-serving evidence and deserves no weight in law,  and cannot be given greater evidentiary value over the testimony of credible witnesses who testify on affirmative matters.

The decision also approved and adopted the report and recommendations of the Investigating Committee and mentioned that an administrative case for tardiness, absences and falsified entries in Alejandrino’s Daily Time Record was filed against him on July 26, 2007 and he was admonished by the Disciplining Authority.

Bais said Alejandrino can still appeal the decision with the Civil Service Commission.*CGS

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