The Ombudsman has reduced the suspension of the Negros Occidental provincial administrator and the Bids and Awards Committee head to one month without pay.
Negros Occidental Provincial Administrator Rayfrando Diaz and Executive Assistant II Chery Sheil Valenzuela, provincial Bids and Awards committee head, had initially been suspended for six months without pay.
Diaz received a copy of the Ombudsman’s ruling on their motion for reconsideration on Friday, Sept. 13.
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.
Diaz said they are clarifying if there is a need for a reinstatement order from the Department of the Interior and Local Government or an Executive Order from the governor before they can return to work.
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.
“Regardless of our trials and challenges, we should never grow tired of doing what is good for the benefit of the province and all Negrenses,” he said.
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 Himalayan 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.
Diaz said there was 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.*