Eastern Samar gov charged with graft



Eastern Samar Gov. Conrado Basada Nicart Jr. was charged on Tuesday with graft and violation of the Civil Service Rules at the Office of the Ombudsman for allegedly withholding the salaries and benefits of 11 provincial government employees despite an order from the Civil Service Commission (CSC) to pay them.

In their complaint, the employees said Nicart’s refusal to pay their salaries and benefits since June 2010 constituted oppression, gross neglect of duty and grave misconduct.

They said the governor also violated a CSC order and the Anti-Graft and Corrupt Practices Act.

“On several occasions, we requested and even begged for payment of our salaries, emoluments and all other benefits due us, but respondent simply refused and failed to do so,” read the complaint.

The complainants said they had to resort to acquiring loans at high interest rates because of the delay in their salaries.

“It works at slowly asphyxiating us and our families,” they said.

The complainants said they had been religiously reporting for work and their salaries had been allocated in the province’s 2010 and 2011 budgets.

They said Nicart “either reverted or realigned” the funds and “played a deaf ear” to their plea to be paid.

The employees asked the Ombudsman to immediately suspend Nicart to prevent him from using his power and position to harass them.

The complainants are Rolando Apita, Christine T. Bagas, Jihan Baldelobar, Antonette Balena, Reynaldo Busa, Marichu Catudio, Jerry Joseph Mengote, Joseph B. Erroba, Vivian Lavado, Francisco Garol and Michael Lovejoy Mondonedo.

They had been appointed to their posts in the provincial government by Rep. Ben Evardone, former governor and political rival of Nicart.

While appointees of Evardone, however, the CSC upheld their employment in a ruling made on Oct. 17 last year which is final and executory.

Instead of heeding the order, however, the complainants said Nicart sought to block its implementation.

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  • http://profile.yahoo.com/SPDAZIXLRDOGCON42ETFG4AG3A TonTon

    graft and corruption…  it shows.. just look at the roads going to that place – its like “sungkaan”.

  • http://www.facebook.com/mabee.pajanustan Ma Brenda Pajanustan

    they are midnight appointees…there must have been bribery somewhere, that’s why the CSC upheld their appointment..but if the commission did its job, they would have rendered fair and impartial decision then. clearly, it was a clear THEY WERE MIDNIGHT APPOINTEES…and this story is a classic case reflecting the issue which veteran reporter Maria Ressa has written about recently…by the way, how much was the fee?;-)

  • http://www.facebook.com/bryan.basada.7 Sirang Ha Sinirangan

    There were actually 93 midnight appointees of the former governor,now Congressman Ben Evardone, days before he stepped down on June 30, 2012. They were disapproved by the CSC Field Office, Borongan and CSC Regional Office RO8. These appointees appealed to the CSC Commission Proper and whose appointment was declared valid. The Provincial Government filed several petitions for review of the CSC decisions to the Court of Appeals. The midnight appointees actually filed their appeals separately, so there were several appeals filed before the CSC and separate petitions before the Court of Appeals.

    The first Decision which was handed down by the Court of Appeals is the case of Ma. Josefina C. Titong and Joselito Abrugar, who were appointed as office heads on June 10, 2010. The Court of Appeals’ decision stated:

    “Shortly before the end of his term, former Governo Evardone appointed respondents and 91 other to various positions. However, there are no evidence on record that shows that deliberations on the qualifications of the respondents were made by the Sangguniang Panlalawigan in approving their appointments. In addition, records is lacking of any indication that their appointments were made due to an urgent need to fill up the vacant positions. The want of evidence showing careful considerations of the merits of each appointment and the timing and the number of appointments argue against the respondents’ cause. The prevailing circumstances in this case, on the opposite, indicate that the appointments were hurriedly issued by the out going administration.
    “Verily, the appointments of the herein respondents are not valid for being issued in violation of the CSC Rules and its failure to comply with the requisites set forth by jurisprudence.
    “For the reason discussed above, respondent can no longer claim entitlement to the payment of their salaries from the government.”

    Please see the decision of the Court of Appeals 6th Division in CA-G.R. SP No. 119975 promulgated on July 3, 2012.

    Although the above-cited decision of the Court of Appeals deals only with the appointment of Ma, Josefina Titong and Joselito Abrugar, they are similarly situated with the other 91 midnight appointees, who, according to the decision of the Court of Appeals, are not entitled to any salary from the government.

  • http://www.facebook.com/mabee.pajanustan Ma Brenda Pajanustan

    this is a malicious info…the writer obviously didn’t bother to research about the issue she was tackling; she probably must have received fat check from her source..hehehe! could this be a classic case of “envelope journalism”? tsk, tsk! i couldn’t believe PDI would publish such a cheap article..otherwise, i would like to believe a very recent write-up about media corruption in our country…

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