CABANATUAN CITY, Nueva Ecija–The municipal
mayor of Quezon, Nueva Ecija and three other town officials were charged before
the Office of the Ombudsman for alleged non-remittance of Government Service
Insurance System premiums of employees and unliquidated cash advances and
disbursements worth at least P100 million.
Charged
in a seven-page complaint-affidavit filed before the Office of the Ombudsman
for Luzon were Quezon Mayor Mariano Cristino Joson, municipal treasurer
Anacleta Arucan, municipal accountant Rona Joson and municipal budget officer
Leilani Domingo.
Joson,
a former vice governor, is the husband of first district Rep. Josie
Manuel-Joson who is running for governor against reelectionist Gov. Aurelio
Umali. He is running for congressman in the district to take his wife’s place.
Joson
declined to comment on the complaint but the Joson camp dismissed it as sheer
political harassment.
Congresswoman
Joson said the claim of non-payment by the municipal government under her
husband is a malicious allegation. “It is a sign of desperation on the part of
the Umalis,” she said.
She said the
municipal government has already forged a memorandum of agreement with the GSIS
wherein the municipality is already paying for the GSIS premiums.
“In
fact, the municipality
of Quezon is in a much
better position now than the provincial Capitol which has not forged a MOA with
the GSIS. It is the Capitol which is guilty of non-remittance, certainly not
Mayor Joson and not the municipality
of Quezon ,” she said.
The
charges, filed by former municipal assessor Ruperto Libunao, accuse Joson and
the three others of dereliction of duty, violation of Republic Act 8291 or the
GSIS Act of 1997 and violation of Republic Act 3019, also known as the
Anti-Graft and Corrupt Practices Act.
A
separate administrative complaint has been filed by Libunao before the
Sangguniang Panlalawigan led by Vice Gov. Jose Gay Padiernos.
Libunao
is running as vice mayor in Quezon. He is the running mate of mayoralty
candidate Fred Hermoso, an ally of Umali.
The
complaint cited that under Section 6 of RA 8291, the respondents are duty-bound
to collect from the employees their contribution to the monthly GSIS premiums
and to remit the same directly to the GSIS within 10 days of the month.
Section
6.b of RA 8291, the complaint stated, stipulates that the remittance of the
GSIS contributions by the municipal government “shall take priority over and
above the payment of any and all obligations, except salaries and wages of
employees.”
Libunao
said the respondents collected from municipal employees, both permanent and
casual, their contribution of GSIS premiums during the administration of Joson
as municipal mayor from 2001 to 2004 and from 2010 up to present.
Libunao
said in his case, he gave P97,958.76 from January 2006 to June 2010 as his
personal share in the GSIS premium.
“However,
contrary to the clear and mandatory provisions of the said law, we found out
that respondents did not remit my contributions of premium to the GSIS as well
as the government or the local government unit share as well as salary and
policy loan payments within the required period specified in the said law to my
damage and prejudice,” Libunao said.
Citing
a 2010 annual audit report of the municipality, the complaint said that in
2009, the unremitted employees’ contribution was recorded at P11.7 million.
This ballooned to P15.38 million in 2010.
The
complaint further said that the town only had cash amounting to P4.2 million in
2010, which was not enough to cover its outstanding obligations worth P29.26
million for the same year.
With
these figures, the complaint stated, “it can be safely presumed that
respondents only
collected our employees’ contribution without remitting the
same within the required period and worse, even misappropriated the same
considering that the Municipality of Quezon has no cash to cover the unremitted
outstanding dues to the GSIS.”
The
complaint cited other alleged anomalies and cash deficiencies in the municipal
government among which are:
·
the town’s total liability is at P48.87 million;
·
it has no income in 2011 and in fact has
incurred a liability worth P9.598 million;
·
aside from having zero assets, the town has
liabilities with the Bureau of Internal Revenue, Pag-ibig and PhilHealth;
·
in the 2011 annual audit report, it was
discovered that the municipality has unliquidated cash advances and
disbursement receipts worth P100 million;
·
that the municipal government failed to remit P2
million in outstanding real property tax shares to the provincial government;
and
·
it has a cash overdraft of P22.4 million.
Libunao said in
view of the above facts, the respondents are liable for dereliction of duty,
violations of RA 8291 and 3019, violation of the provisions of the National
Internal Revenue Code and violation of existing auditing practices.
The complainant also moved for the
preventive suspension of the four respondents.
In the separate eight-page
administrative complaint filed before the SP, Libunao moved for the preventive
suspension of the four, citing that the evidence of guilt against them is
strong considering the audit findings. He said their continued stay in office
could prejudice the just, fair and independent disposition of probable cause
against them.
The issuance of a preventive suspension order, the SP complaint said, shall preclude the possibility of the respondents exerting undue influence on the complainants and witnesses and the possibility of tampering of evidence considering that they are the heads of their respective offices, having control and custody of the documents which may be used against them. (Manny Galvez)