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REPUBLIC OF THE PHILIPPINES
OFFIGE OF THE OMBUDSMAN

0388223

C L E A R A N C B

This certifies that as of 10 M:ay 2017, our records show that ALFONS JANSSEN

P. MARCERA, LGU-Sangguniang Bayan, Bacolod, Lanao del Norte, has NO

PENDING CRIMINAL AND ADMINISTRATIVE CASES with the Office of the
Ombudsman.

Issued on 11 l/.ay 2017 upon the request of ALFONS JANSSEN P. MARCERA

for CONFIRMATION purposes.

BY AUTHO UDSMAN

istance Unit,
rf
NOT VALID WITHOUT DRY SEAL.
NOT VALID WITH ERASURES/ALTERATIONS.

OR#:9801716 i P150.00 12011-0s-lt

CONTROLNO. 17-388223

/ESP

Manindigan )ontra )atiwalian

Tel. Nos.: Central office (02) 479-7300 loc 2l I 1 & 2132 oMB-visayas (032) 412-5339; oMB-Mindanao (082) 221-3431 to 33
 OFFICE OF TIlE OI,ISUilShIAN

mrnrstrative Aide Vl

Republic of the Philippines

OFFICB OF THB OMBTJDSMAN
Agham Road, Diliman, Quezon City ll04

JAIMB B. MAGAT,

Complainant,

-versus- oMB-ivI-c-11-0449-K
For: Violation of Section 3 (e)
JOSELTTO E. MTQUTABAS (SG 27) and (f; of Republic Act No.
Municipal Mayor 3019 (The Anti-Graft and
Corrupt Practices Act) and
RAYMUND C. SANTOS (SG 2s) Republic Act No. 7305 (Magna
Vice Mayor Carta for Public Health
Workers)
ALFONS JANSBEN P. MARCERA (SG 24)
QUTNTTN A. CLAPANO (SG 24) OMB-M-A-11-488-K
EFTMACO V. DUHAYLUNGSOD (SG 24) For: Violation of Republic Act
srrrrE ALLYN S. SANGTJILA (SG 24) No. 6713 and for Nepotism
ARCHER C. ZAMORA (SG 24)
MARrB JOY E. MENDBZ (SG 24)
lsF{AEL G. AMPASO (SG 24)
ARNULFO A. CANDA (SG 24)
DELrA B. CRTSTOBAL (SG 24)
NBD M. LABUNOG IIr (SG 24)
Sangguniang Bayan Members

JOSBFINA A. LIGUTOM
Budget Officer

All of Municipal Government of Bacolod, Lanao

Del Norte,

Respondents.
x-*-*------ ---------x

JOINT RESOLUTION
This resolves Jaime B. Magat's (complainant) Affidavitr dated

November 2,2011, charging then Mayor Joselito E,. Miquiabas, Vice Mayor
Raymund C. Santos, Sangguniang Bayan Members Alfons Janseen P.
Marcera, Quintin A. Clapano Jr., Efimaco V. Duhaylungsod, Sittie Allyn S.p

I Records (OMB-M-C-l
l-0449-K), pp. 002-036.
Page 2 of6 r OFFICE 0F ThE 0ilEuD:r.'-r.
lce nirrre o rRUE coPY oF IHE iE i,\,r_
JOINT RESOLUTION
Magat vs. MiEtiabas, et al.
OMB-M-C- 1 I -0449-K & OMB-M-A- r r -448-K
II ,/ *;ffi.a***#
4*{l'"*'g[%t'Ss
v'

Sanguila, Archer C. Zamora, Marie Joy E. Mendez, Ismael G. Arnpaso,

Arnulfo A. Canda, Delia E. Cristobal, Ned M. Labunog, and Budget Officer
Josefina,.A. Ligutom (respondents), all of the Municipal Government of
Bacolod, Lanao Del Nofle, for violation of Sectiorr 3 (.)t ancl (0t of
Republic Act No. 3019 (RA 3019), and Republic Act No. 7305 (RA 7305),4
tbr their alleged faiiure and reflrsal to implement complainant's salary
according to the Salary Schedule of RA 7305 and several Local Budget
Circuiars (LBC); and for violation of Republic Act No. 6713 (RA 67n)5
I

and for Nepoti$m against Mayor Miquiabas for appointing his wife Judith V.

Miquiabas as Administrative Assistant V.

Complainant alleges that he is the Municipal Health Officer (MHO) of

Bacolod, with Salary Grade 24 Step 7 (SG 2a Ql; in 2009, pursuant to LBC
No. 886 and RA 1305, he receives PhP31,195.00 in accordance with the
Salary Schedule "Al".T In 2010, however, his salary scaie went back to
<c46rr8 only. He asserts that under Item
Annex and receives PhP26,396.00
No. 4 of the Review of the General Fund Annual Budget for CY 201 I dated

February 24,2011,e the salary scales of public health workers (PFIWs) in the
Local Govemment Units (LGUs) shall not be less than those provided for
PHWs in the national govefflment; although the SB finds that the General
Fund Annual Budget for CY 2011 is valid and/or operative in its entirety,y
: (e) Causing an1, undue injury to any party. including the Govemnrent, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial
functions through rnanifest partiality, evident bad faith or gross inexcusable negligence. This provision
shall apply,to officers and employees of offices or government corporations charged with the grant of
iicenses or permits or other concessions.
r
1fl Neglecting or refusing, after due demand or request, without sufficient justification, to act witltin a
reasonable time on any matter pending before him for th'e purpose of obtaining, directly or indirectly, from
any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest or giving undue advantage in favor of or discriminating against any other
interested party.
a
The Magna Carta of Public Health Workers.
'Cod. of Conduct and Ethical Standards for Public Officials and Employees.
5
Rul". and Regulations on.the Grant of Compensation Adjustment to Local Government Personnel
Pursuanl to Executive Order No. 7 l9 dated June 20, 2008
7
First Tranche Monthly Satary Schedule for Local Government Personnel in Special Cities Effective
January l,2010 (in Pesos); ld., p. 153.
8
First Tranche Monthly Salary Schedule for Local Government Personnel in Sixth Class Provinces and
Cities and Fourth Class Municipalities Effective January 1,2010 (ln Pesos); Id., p. 154
e
lssued bythe Office of the Provincial Budget Officer of Lanao Del Norte; Id.,0l4-0 15.
Page -7 of'6
JOINT RESOLUTION
Mogat vs. Miquiabls, et c.1. NDE{ a'GcnnnnIir-cn
)MB-M-C-t 1-0449-K & OMB_lr_.4_1 t_JJ\_K tsJ)tTilF:ll"ot'8fi ''
respondents nonetheless refused to irnplement the appropriate salary scale
for PI{Ws to him; and even though there is no dir-ninution of his salary
because the LGU rnaintains his present salary, there is however a salary
distortion due to the inconsistent application of the appropriate salary
schedule, i.e. between Salary Schedule Annex 1'A1" and Salary Schedule
Annex "46", because at present, the LGu is irnplemeniing in fr"rll Salary
((,{6'r
Schedule Annex to all of its organic personnel while as a PHWs, he is
receiving l5o/o of the salary he is entitled to under Salary Schedule Annex
"A1", which is equivalent to the salary schedule of a 4'h class rnunicipality
of only PhP30,879.00, when in the ful1 implementation of Salary Schedule
Annex 6(A1" to PHWs, he stands to receive PhP41,172.00.

Complainant fur1her alleges that Mayor Miquiabas should be held

adrninistratively liable of Nepotisrn fol appointing his wife as his
Administrative Assistant V. He contends that the said position is not one of
the positions mentioned as "primary confidential" under Civil Service
Commission Memorandunr Circular No. 12, Series of 2011 and the Revised
Guidelines on the Determination of Positions in the LGIls.

Respondents jointly filed their "Verified Answer" on February 10,

2012.t0 They aver that complainant's claim for the immediate increase of
his salary under Section 19 of RA 7305 is not novel. They also stress tl"rat

complainant instituted various actions in {ifferentfora to insist his clairn for

salary ad.justment but tl-rese were all dismissed for lack of merit. In as much
as they want to comply with Section 19 of RA 7305, LGIJ Bacolod, being a

4tl' class municipality, it does not have adequate funds to pay complainant's

salary increases.p

'o ld., pp.056-170.

 Page I of'6
JOINT RESOLUTIO\'I
Magal vs. Miquiabas, et al.
oMB-M-C-l I-0449-K & OMB-\N-,4_r t _tJS_K

As to the allegation of Nepotism, Mayor Miquiabas aclmitted that he

appointed his wife, Ms. Judith V. Miqtriabas (appointee) to the position of
Adrninistrative Officer V on September 6,2010, but such appointment does
not violate civil service rules and regulations. In fact, the appointrnent u,as
app-.roved bv no less than the Civil Sen.ice Cornmission (CSC) as ':co-
terminus" with the appointing authority and the nature of the position of the
appointee is one that is prirphrily confidential.rr

There is no probable cause that a violation of Section 3 (e) and (f) of

RA 3019 was conunitted because not all the elements thereof are present.

For violation of Section 3 (") of RA 301912 to prosper, it requires,

alxong others, that the accused rnust be a pubiic officer or private person
charged in conspiracy with him and the public officer committed the
prohibited act during the performance of his official duties or in relation to
his public position. In the present case, other than alleging that

responclents' failed/refused to act on complainant's clairn for salary increase

were comrnitted during the performance of their official duties as Municipal
Iv1ayor, Vice-Mayor, SB Members, and Budget Officer of Bacolod,
corlplainant failed to substantiate that the said acts were criminal. Also,
complainant merely presumed that there is conspiracy between and among
.".pond"nts, but failed to provide any proof that there was corrmunity of
design among respondents to refuse complainant's clairn.y

1r " Id .pp. 115-176.

't 1l; the accused are public officeris or private
person/s charged in conspiracy witlr thenr; (2) The public
officers cornmit the prohibited acts during the performance of their official duties or in relation to their
pttblic positions; (3) They cause undue injury to any pafty, whether the goventment or a private party; (4)
Such injury is caused by giving unwarranted benefits, advantage or preference to suclr parties; (5) The
public officer/s have acted with manifest partiality, evident bad faith or gross inexcusable negligence
(General Bank and Trust Co., vs. Office of the Ombudsnran [C. R. No. 125440, January 3 I , 2000], as cited
in Atty. Boado, Leonor D., Cornpact Reviewer in Crirninal Larv [2nd Ed. 2007], p.250)
Page 5 o.f 6 lc
enrrirro r-y$_y$r*ti
JOINT RESOLUTION IL/ ryoflffifu,qeAflARax5a
.,4fffiistratrve Aide Vt
I

Magat vs. Miquiabas, et al. t=.5-@l I

}MB-M-C-1 I -0449-K & OMB-M-A- I I -4't8-K

On the alleged violation of Section 3 (0 of RA 3019, complainant

failed to show that after he made his request for salary increase, respondents
neglected or refused to act without sufficient justification; reasonable time

has elapsed from such demand or request without respondents having acted

on the matter; and respondents' failure to act is for the purpose of obtaining
directly or indirectly from hi* some pecuniary or material benefit or

advantage in their favor.l3

The records in fact show that the present controversy has been twice
,:

disrCrissed by this Office for lack of probable cause: first on November 10,

2000, in OMB-MIN -00-0321 ,ra and second on April 14,2003 in OMB-M-C-

02-0696-L.ts

A case of similar imporl was also filed by complainant before the

Regional Trial Court (RTC) Branch 04, Iligan City, docketed as Civil Case
No. 4664 entitled Dr. Jaime Magat, et al., vs. The Municipatity of Bacolod,
Lanao Del Norte, represented by Hon. Joselito Miquiabas, in his capacity as
Mtmicipal Mayor, et al. The RTC dismissed the case on its August 3,200I
Decision for lack of merit.r6 Complainant appealed the RTC's Decision
before the Court of Appeals (CA) - Cagayan De Oro City. In its October 19,

2005 Decision, the CA affirmed the August 3, 2001 Decision of the RTC.17

On the issue of Nepotism, since the CSC approved the appointment of

Judith V. Miquiabas as Administrative Assistant V, a co-term andp

lr Coronado vs. Sandiganbayan, 44 SCAD 2l; as cited in Atty. Boado, Leonor D., Compact Reviewer in
Criminal Law [2"d Ed. 2007], p. 253.
ra
For Violation of Section 3 (e) and (f) of RA 3019 and RA 7305.
15
For Violation of Section 3 (e) and (f) of RA 3019.
'u ld., pp. 083-089.
't Id., pp. 090-l 17.
 OF FICE C F
-H[ oilBUDcl"tari
Page 6 o.f 6 c E F TtFtE D TRUI
JOINT RESOLUTION
Magat vs. Miquiabas, et al. ative Aide Vl
OMB-M-C-1 1-0449-K & OI[B-]uI-A-1 I -118-K OMB .PROPER

confidential position, the charges for violation of RA 6113 and Nepotisrn

against respondent Mayor Miquiabas is without merit.

WHERBFORE, the criminal and administrative complaints against

respondents are DISMISSED.

SO ORDERED.

Quezon City, Philippines.

MARIU FITZGBRA BLOSO

GIPO I

Revie

VIERNES
Director, PARB

APPROvEDW

.M.(i$frRALES
l.t ombudsman
ft/rf--

Copy turnished:

Jamie B. Magat Delia E. Cristobal

Poblacion. Bacolod, Lanao Del Norte Purok 3, Poblacion, Bacolod. Lanao Del Norte

Joselito E. Miquiabas Ned N4. Labunog III

Purok 4. Poblacion. Bacolod. Lanao Del Norte I-iangan East. Poblacion. Lanao Del Norte

Raynrund C. Santos Josefina A- Ligutonl

Purok 2. Poblacion. Bacolod. Lanao Del Norte Purok.4, Poblacion. Bacolod. Lanao Del Norte

Alfbns JanSeen P. Marcera Archer C. Zamora

Purok l. Poblacion. Bacolod. Lanao Del Norte Demologan. Bacolod. Lanao Del Norte

Quintin A. Clapano Marie Jo1' E. Mendez

Esperanza- Bacolod. Lanao Del Norte Purok 3- Poblacion. Bacolod. l-anao Del Norte

Efimaco V. Duhaylungsod lsmael G. Ampaso

Demologan, Bacolod. Lanao Del Norte Dimarao. Bacolod. Lanao Del Norle

Sittie Allyn S. Sanguila Arnulfb A. Canda

Pagayarvan. Bacolod, Lanao Del Norte Binuni. Bacolod. l,anao Del Norte