W

6rPf&

REPUBLIC OF TTIE PIilLIPPNTES

OFFICE OFTHE OMBUDSMAN (VISAYAS)

Department of Agriculture RO-7 Compound, M. Velez St., Guadalupe, 6000 Cebu City

$iti4 -z*5-

JEFFREY L. CDLIZ, Complainant,

- VS-

oMB-V-C-12-O144-C

MANUEL P. MHORADA, Former Provincial Administrator (SG 26) Province of Iloilo

x________ T:T_11*/
RESOLUTION
This is a criminal complaint for Violation of R.A. No. 67L3,
otherwise known as the Code of Conduct and trthical Standards for

Public Officials and Employees, specifically Sec. B (A) thereof,

relative to the fiting of Statement of Assets, Liabilities and Net
Worth, filed by Jeffrey L. Cebz against Manuel P. Mejorada, former
Provincial Administrator of the Province of Iloilo.

Complainant alleged

that respondent was formerly the

to file and submit his

Provincial Administrator for the Province of Iloilo in the years 2003

to 2010.

Respondent purportedly failed

Statement of Assets, Liab-ilities arr-d Net Wortle- (SALlt} f+orn-3osar. -

2003, 2OO4, 2005, 2008, 2OO9 and

2010. In support of this

allegation, complainant submitted the Certification issued by Alma

P. Ravena, OIC Assistant Department Head., Human Resource

CERTIFTED

ACIIINE COPY1

"

oMB-V-C-L2-O1'+4-C

il-1ll.Yi1:.111 --- --/

Management
Government of

and Development office (HRMDO),

provincial

Iloilo. Said Certification stated the following:

"This ls /o certifu that as per record. of this offi.ce for the

statement
k:,=

of Assefs, Liabilities and Netuorth

(1ALN)

submitted bu personnelfrom gegrs 2003 to 201o, ute haue

copies on

file of the sAL/v of Mr. Manuel

Mejorad.a

for the

Aears 2006 and 2007 onlg."

Respondent filed his Counter-Affidavit, denying the allegations

and pointing out that the Certification attached to the complaint

failed to prove that he did not file his SALN for the years 2oo3, 2oo4, 2005, 2008, 2oo9 and 201o. Said Certification only stated

that Ravena's oflice had copies on file of respondent's SALN for

2006 and 2OO7 only, but does not state that he did not file his
SALN for the aforementioned

years. Respondent maintained that

he filed his sALN, and that not having "copies on file" could only
mean a lapse in recordkeeping of that office, or that respondent's

records were,Celiberately misplaced,

harassment against him.

as a form of

political

Despite due notice and the lapse of considerable time,

complainant filed no Reply.

rr.

F-$'lfr

RESOLUTION

oMB-V-C-1-2-0144-C Celit vs. Mejo,rada x------------ -.---

DISCUSSIO!T:

-{fter a thororrgh analysis of the evidence submitted by the

parties, the undersigned Graft Investigation and Prosecution Officer

finds no probable cause for the filing of a criminctl case -for a Violcrtion

Aucm ,nffim; t6,fJ J'

ih

tqii$mffitmr.u m.lhr

Indeed, complainant's very basic allegation that respondent

did not file any SALN for the years 2OO3, 2OO4, 2OO5,

2OOB, 2OA9

and 2010 is a mere conclusion drawn from the Certification issued

by the HRMDO of the Iloilo Provincia-l Government that their office

had copies on file of respondent's SALN for the vears 2006 and

did not state that he did not file his SALN for the years enumerated by complainant. Clearly, in order to indict respondent for Violation

of

R.\.

5T13. for

his altresed farlu:e :: -:-= :-:s s-r-'l; ::: --=

mmtule

errd;s
futr

s;,:--_i=:- ::::lr r.u$tl b,e liqi[sffi l[.h"-,rr Jrrfifis. a

;,:,rn:ia:nenT t@ $eglre as hesb tMmm-

uffilcmllt

TM

Ccmfieffimmilm

ffi@
.ji.

which compl,ainant draws tris rrrairr prcmise docs nm

state or certify that respondent-'did

ab:';o:::-t:---i:::r:
---f

.ot

:':r*;:':: 'fi'6' ""

cmt8'lic-lf "-.=-t' =-ug;*'ti:+"j+:t"'#tt:-#*"'Siffi" lor -fie

'i&* -" - -.
+- <

'

jl*F:

--:1='t ::*:[ i-:s- R.=--:'e:- :: =::=--; :::-'-:is :::a--

ha,,e c:ries cf respondent's

sAllt for the vears 20ffi and 2oo;-

The

said certification indeed. can be construed in eittrer complainant's

Le[r vs. Mejo5ada

x------------------

_______/

w&Y' which

is that respondent did not file his SALN for the other

years, or respondent's w&y, which is that there was a recordkeeping lapse or that his records were deriberately mispraced. In light of such, the evidence here may be said to be in equipoise. under the equipoise ru1e, where the evidence on an issue of fact is in equipoise

or there is doubt on which side the evidence or.oora.rr*o in.

party having the burden of proof loses. r In this case, the burden of proof rests upon complainant. complainant could have submitted

!S*'

other evidence to show that indeed respondent did not file any SALN for the years aforementioned, especialry since
the HRMDo is

not the only place that records of such documents may be found. As it is, the Rules Implementing the code of Conduct and Ethical Standards for public officiars and Emproyees, particularry
Rure vI,I,

sec' 1(d)(3), states that regional and local officials a,d

employees,

both appointive and elective should file their sALN with the Deputy ombudsman in their respective regions. complainant could have very well obtained the necessary certification from the office where respondent's sALN is supposed to be filed, in order to bolster or establish his allegation. However, complainant

failed to do

so.

Furthermore, despite being given the opportunity to submit evidence that would prove his charge against respondent, by way

of

filing a Reply, comprainant did not do so despite due notice and

'Vergara v. People, G.R. No. 160328,4 February 2005.

C*PYB 6's!sE{f rfi n ,I&CEINE

/OL

lapse of considerable

time. Thus, there being tack of probable

to indict respondent for a

cause and insufficiency of evidence

violation of R.A. 67L3, this case must accordingly be DISMISSED.

WHEREF'ORE, premises considered,

this criminal complaint

P.

uel
lck of probable cause.
SO RESOLVED.

iorada is here
r-!=...

.::;. .. :+::i.ffi

Cebu City, Philippines, Fe

2013.
t .f .d
_*

LU I\TT M. CABATINGAN Grafi Inuestigatian and Proseantion Officer

RECOMMENDING APPROVAL:

BACALSO Acting Director, EIO

APPROVED

I
sman for the Visayas

furnished: All parties and / or their counsel(s)

CopA

CEEgIfIED !6ACIIINE CoFYI

,fr\,