The Court of Appeals reversed the decision of the Office of the Ombudsman dismissing former actor and Quezon City councilor Roderick Paulate and his colleague in connection with allegations of maintaining “ghost employees” in the payroll of the Quezon City Council.
In a 17-page decision by the CA’s 5th division through Associate Justice Stephen Cruz, the court granted the petition for review filed by councilor Paulate and Francisco Calalay, Jr. and liaison officer Vicente Bajamunde.
The ruling reversed and set aside the decision dated Feb. 25, 2015 of the Ombudsman sacking Calalay, Paulate and Bajamunde and Flordeliza Acuña Alvarez from the service for falsification of official documents, serious dishonesty, grave misconduct and conduct prejudicial to the best interest of the service.
The appeals court said the Ombudsman failed “to adequately prove any link between petitioners and the alleged illegal transaction.”
“They may have signed and issued certifications in furtherance thereto. However, they merely relied in good faith on their subordinates. Further, there was no substantial evidence to prove that petitioners planned and conspired to defraud the government and benefit therefrom,” the CA said.
The case stemmed after the Ombudsman in May approved the recommendation made by the Field Investigation Office (FIO) to conduct a formal investigation on the complaint filed by a certain Jimmy Lee Davis through counsel former Senator Aquilino Pimentel Jr.