EXONERATED. The Ombudsman for the Visayas exonerates Jagna councilor Maricris Jamora (extreme left) of charges filed against her by Jagna mayor Joseph Rañola. In effect, the decision of the Ombudsman vindicates the Bohol chapter of the Philippine Councilors League (PCL), led by Board Member Jescelo Adiong (middle). Jamora’s legal counsel, Atty. Lord “Popot” Marapao IV (2nd from left), said that from the very start, he found the charges against his lady client weak and he had no doubts the Ombudsman would eventually junk the two (2) ases. The news duo of The Bohol Tribune composed of managing editor Ardy Araneta-Batoy (2nd from right) and associate editor Dave Albarado (extreme right) were able to speedily gather information and obtain the facts about the said case in an exclusive interview with the key persons on Friday, Nov. 19, 2021.
The Ombudsman for the Visayas has dismissed the cases filed by Jagna mayor Joseph Rañola against Jagna lady councilor Maricris Jamora, according to the anti-graft body’s joint resolution dated July 6, 2021.
According to reports, the copies of the joint resolution were received by the parties involved, only on Nov. 19, 2021.
Rañola alleged that Jamora committed a violation of the Anti-Graft and Corrupt Practices Act and grave misconduct.
The joint resolution was signed by Graft Investigation and Prosecution Officer Maria Bernadeth Andal-Subaan and reviewed by Euphemia Bacalso, Director, Preliminary Investigation, Administrative Adjudication and Prosecution Bureau-A (PIAAPB-A). The joint resolution was recommended for approval by Carla Juris Tanco, Assistant Ombudsmanfor the Visayas and was approved by the Ombudsman for the Visayas, Paul Elmer Clemente.
According to Jamora’s legal counsel Lord “Popot” Marapao IV, the complainant may file an appeal or a motion for reconsideration but Marapao says that the cases filed by the Jagna mayor against his lady client are weak considering the situation that almost all elements of the alleged crimes are absent.
Marapao added that based on the allegations, the cases filed against Jamora “will never see the light of day”.
Jamora said that the case initially involved the local chapter of the Philippine Councilors League (PCL) but later on the complainant singled her out.
Jamora added that she was confident that the Ombudsman will ultimately clear her name as Jamora believes that she has done nothing wrong.
For Jamora, the cases filed against her by the local chief executive of Jagna is obviously politically motivated. Since she is a member of the opposition in Jagna town.
Jamora, a last-term town councilor, has filed her certificate of candidacy for vice mayor under the banner of Pundok Padayon Bol-anon led by Gov. Arthur Yap and Vice Gov. Rene Relampagos.
She is the running mate of incumbent Vice Mayor Theodore Abrenilla who is running for town mayor of Jagna.
The Bohol Tribune reached out to PCL Bohol chapter president Jescelo Adiong for his comment regarding the case.
He said that the case that involved the local PCL chapter in Bohol started in Jagna as a result of the political conflict among the political figures of the said town.
He added that Jagna town councilor Anthony Aniscal used the PCL in order to accuse Jamora for alleged violations of the law.
“On the decision nga na-dismiss ang kaso, na apil na pud ang PCL nga na-vindicated sa maong alleged irregularities,” Adiong told The Bohol Tribune.
BACKGROUND
The case stems from the charges filed by Rañola before the Ombudsman on Dec. 20, 2019. Rañola, in the case he filed before the Ombudsman, accused Jamora of committing malversation of funds, which is a violation of the Anti-Graft and Corrupt Practices Act and for grave misconduct.
The charges were connected to the funds disbursed to members of the Sangguniang Bayan (SB) of Jagna. The funds were used by the SB members for the Year-End Assessment and Strategic Planning Activity at the Bohol Tropics Resort on Dec. 10, 2019.
The joint resolution says, “On November 29, 2019, a bank check under the account of the Municipality of Jagna was presented to him [Rañola] for signature. Among the supporting documents for the issuance of the check was a disbursement voucher for the amount of PhP65,000.00 as payment for registration fee of the 10 municipal councilors of Jagna, Bohol to the Philippine Councilors League (PCI) Year-End Assessment and Strategic Planning at the Bohol Tropics Resort, Tagbilaran City, Bohol.”
“The disbursement voucher and its supporting obligation request were signed by respondent [Jamora], for and in behalf of Vice Mayor Theodore R. Abrenilla. Along with the disbursement voucher is a cover letter from the PCL Bohol Chapter President Jescelo Adiong, and Memorandum Circular No. 2017-60 issued by the Department of the Interior and Local Government (DILG). During a committee hearing held sometime in November 2019, respondent, as secretary-general of the PCL Bohol Chapter, urged all councilors to join the year-end assessment of the PCL as there would be a “bigger rebate.” Although complainant [Rañola] was suspicious of how respondent managed to sign the obligation request and disbursement voucher, he still presumed that the payment of PhP65,000.00, i.e., PhP6,500.00 per municipal councilor, was in order. On the evening of December 10, 2019, respondent learned from councilor Anthony R. Aniscal that a “rebate” in the amount of PhP3,000.00 was given by respondent to each of the municipal councilors. The management of Bohol Tropics Resort supposedly charged the amount of PhP3,500.00 only per councilor,” the Ombudsman quipped in the resolution.
Moreover, Rañola “argued that this scheme was a deception and is disadvantageous on the part of the municipal government of Jagna, Bohol.”
In her Counter-Affidavit, respondent [Jamora] contended “that the Year-end Assessment and Strategic Planning of the PCL on December 10 to 11, 2019 was sanctioned by the PCL Bohol Chapter and the DILG. The check, disbursement voucher, and obligation request would show that the payee is the PCL Bohol Chapter, not the respondent. The disbursement voucher for the amount of PhP65,000.00 was cleared and directly paid to PCL Bohol Chapter. Hence, the official receipt dated December 5, 2019 was issued by the local government unit (LGU) of Jagna to the PCL Bohol Chapter, not the respondent.”
Jamora further “claimed that the year-end assessment was cut short by one day for the failure on the part of the DILG-Bohol to provide resource speakers for the said activity. The excess amount of PhP3,000.00 was returned to each PCL member to be turned-over to their respective local government units, subject to allowable charges and liquidation, as mandated by the Commission on Audit (COA). Such was the pronouncement of PCL Bohol Chapter President Jescelo Adiong during the evaluation meeting held on December 16, 2019 as reflected in the Minutes No. 05-12-2019. “
Jamora argued that Rañola submitted no proof to prove the former Jamora committed malversation of funds.
OMBUDSMAN’S DECISION
According to the Ombudsman, only one element of the crime of malversation of funds is present in the charges filed by Rañola.
“There is no basis for the crime of malversation. While the first element is undisputed, the rest of the elements are wanting,” the Ombudsman said in its resolution.
Furthermore, the Ombudsman finds no probable cause to indict Jamora for grave misconduct.
“There is no sufficient basis for an inference that respondent [Jamora] acted with manifest partiality, evident bad faith, or gross and inexcusable negligence or that she caused undue injury to any party, or gave any private party unwarranted benefits. From the evidence on record, no act so flagrant can be attributed against [the] respondent to merit a criminal prosecution for Violation of Section 3(e) of RA No. 3019, as amended [for grave misconduct],” the Ombudsman quipped.
The Ombudsman added: “The Office [of the Ombudsman] finds no substantial evidence showing that respondent intended to violate the law or flagrantly disregarded a well-known legal rule, which is necessary for the administrative liability for Grave Misconduct to attach.”