The Office of the Ombudsman in the Visayas denied the motion for partial reconsideration and full re-investigation filled by the suspended head of the Office of the Building Official, Isidro Sun Jr., and building inspector Jose Maria Makilan in the criminal and administrative cases filed against them, for lack of merit.

It also upheld its July 24, 2014 decision in the administrative and criminal cases against them docketed as OMB-V-A-0349 and OMB-V-C-13-0370, respectively.

The Ombudsman had earlier ordered the filing of the criminal case against Sun and Makilan before the court, and also meted the penalty of their suspension from the service without pay for six months and one day.

The suspension was ordered after they were found guilty of the administrative offense of conduct prejudicial to the best interest of the service.

The suspension of Sun and Makilan took effect last January 1.

The complaint against them for violation of the Revised Penal Code and Anti Graft and Corrupt Practices Act and for administrative charges of grave misconduct and acts prejudicial to the interest of the City of Bacolod were filed before the Ombudsman on October 30, 2014.

SM BUILDING PERMIT

The complaint filed against them by Sharon Gayanelo, Cary Memoria and Glenda Pajes, in charge of the OBO Architectural Section, Structural Section and Plumbing and Sanitary Section, respectively, involved the application of Mainstream Business, Inc. on June 25 with the OBO for a business permit for the expansion of Building B of the North Wing of SM City-Bacolod.

Sun and Makilan sought a re-investigation of their criminal and administrative cases on the grounds that there were newly discovered evidence attached to their belatedly filed position paper which allegedly were not taken into consideration by the Office, and that there were allegedly grave errors in the appreciation of facts and law in the assailed Resolution.

In its order dated Nov. 20, 2014, however, the Ombudsman pointed out that their position paper was filed beyond 10 days from receipt of the Order.

It said their position paper deserve scant consideration since the computation sheets, which Memoria had allegedly falsified, are immaterial and irrelevant on the subject matter of the case.

Their counter charges against the complainants could properly be ventilated in a separate complaint and not by merely alleging it in their pleadings filed in this case, it added.

On the alleged errors in the appreciation of facts and law, respondents argued that complainants had nothing to do with the computation of the building permit fee of Mainstream Business, Incorporated, and their signatures were affixed prior to the computation of the fees and they only signed as far as their individual Section was concerned.

‘ARGUMENTS ILLOGICAL'

The Ombudsman, however, said it finds their arguments illogical and, on the contrary, it is Sun and Makilan who committed error in their appreciation of the falsified computation sheet.

It is clear that they took advantage of their official positions when they altered the figures in the computation sheet and made it appear that complainants participated in the recomputation of the assessed building fees.

In truth, they merely photocopied the original computation sheet with the signatures of the complainants and superimposed the new assessment with a lower amount and treated it as a genuine document, the Ombudsman said.

FALSE ENTRIES

Their actuation of making false entries in the assailed computation sheet clearly constitutes the administrative offense of conduct prejudicial to the best interest of service, and shows probable cause for the crime of falsification of official document, defined and penalized under Article 171 of the RPC.

The order of the Ombudsman in both administrative and criminal cases was signed by Graft Investigation and Prosecution Officer l Carmelle Baybay-Suson.* CGS

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