Negros Occidental governor Eugenio Jose Lacson said he is very happy that the suspension of Provincial Administrator Rayfrando Diaz has been reduced by the Ombudsman to one month because he personally believes that he did not commit any damage.
Diaz has already served his one month suspension but an order from the Department of the Interior and Local Government is needed for him to be reinstated, Lacson said Sunday, Sept. 15.
Diaz had been his partner since day one and will continue to be, Lacson said.
“He will continue to be a partner not just for me but for all, especially the provincial Capitol employees”, the governor added.
The Ombudsman reduced the suspension of Diaz and Executive Assistant II Chery Sheil Valenzuela, provincial Bids and Awards committee head, from six to one month without pay.
The Ombudsman’s order stated that it “finds that the penalty originally imposed against respondents-movants is not commensurate with the infraction. A penalty less punitive would suffice”.
Diaz and Valenzuela started serving their suspensions on June 8, so their one month suspension should have ended in July.
The Ombudsman also dismissed the administrative charges against Diaz and Valenzuela for Serious Dishonesty, Conduct Prejudicial to the Best Interest of the Service, Grave Abuse of Authority, Grave Misconduct, Gross Neglect of Duty and Oppression for lack of merit.
“We celebrate this partial victory but we will continue to work until we are exonerated by the Appellate Courts,” Diaz said.
He said they want to fully prove their innocence.
Diaz and Valenzuela were suspended for the private practice of law in “conflict” with their jobs at the provincial government.
The complaint stemmed from their alleged failure to provide legal assistance or representation to Binalbagan, Negros Occidental, for an expropriation case that the municipality filed before the Regional Trial Court of Himamaylan City.
The complaint said they acted in conflict of interest as they appeared as counsel for JLL Agriculture and Development, one of the defendants in the expropriation case during their incumbencies as provincial administrator and executive assistant II.
A criminal case involving the same allegations is pending before the Municipal Trial Court in Cities in Himamaylan, Diaz said.
He said while it is pending before the MTCC they also filed an appeal before the Supreme Court.
Diaz said there is no evidence to support the allegation that he and his co-respondent acted against the interest of Binalbagan or that they committed acts of betrayal of duties and responsibilities as employees of the provincial government.*