Siao, 7 others cleared by CA in Ombudsman case

By: Francisco E. Dosdos, Jr.

ILIGAN City -- The Lone District Congressman of this City, along with seven others were cleared by the Court of Appeals of charges for Grave Misconduct, Dishonesty, Grave Abuse of Authority and/or Conduct Prejudicial to the best interest of the Service before the Ombudsman.


In its 27-page Decision handed down last January 19, the Special Twenty-Third Division of the Court of Appeals, Cagayan de Oro City, reversed and set aside the Decision and Order of the Office of the Ombudsman dated June 13, 2016 and December 22, 2016, respectively, finding Ruderic C. Marzo, Frederick W. Siao, Marlene L. Young, Michelle E. Sweet-Booc, Roy L. Openiano, Riza Jane P. Magaro, Jose L. Zalsos, and Providencio A. Abragan, Jr. liable for Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service.

The case stemmed from an affidavit-complaint filed by Dexter Sumaoy concerning the passage of three Resolutions of the Sangguniang Panlungsod of Iligan passed on August 21, 2004, December 10, 2008, and March 15, 2013, authorizing then-Mayor Lawrence Lluch Cruz to sign a Contract of Lease for the land used by the local government of Iligan as Southbound Terminal at Camague, Tomas Cabili, Iligan City.

Sumaoy contended that in passing Resolution No. 08-963, in 2008 supplementing Resolution No. 04-628, the Sangguniang Panlungsod usurped powers and responsibilities of the Appraisal Committee or the Bids and Awards Committee (BAC) to evaluate the value of the parcel of land subject of the case and bid out the City Government's need.

Siao was serving as City Councilor when the third resolution was passed in March 12, 2013, Marzo was Vice Mayor and the others were Councilors.

The Court found that all the respondent officials were not yet in office when Resolutions No. 04-628 dated August 21, 2004 and No. 08-963 dated December 10, 2008 were passed.

It held that by having been elected as Congressman on May 9, 2013, and proclaimed on May 10, 2013, Siao was no longer under the disciplinary authority of the Ombudsman by the time it promulgated its decision on 13 June 2016.

On the other hand, the Court found that Marzo and the Councilors, except Magaro, were elected on May 9, 2013, thus their election condoned their participation in the passage of the SP resolution on March 12, 2013.

Insofar as Magaro is concerned, the Court found that as elected Sangguniang Kabataan President of Iligan City she served as Councilor from 01 July 2010 to 30 November 2013, thus at the time Sumaoy filed his affidavit-complaint on 11 March 2014, she was no longer a public servant.