Ombudsman Suspended the Wrong Governor, Says Bukidnon Gov. Jose Zubiri

Bukidnon Gov. Jose Ma. “Joe” Zubiri Jr. said Tuesday he was ordered suspended by the Office of the Ombudsman “clearly by mistake.”

“The Ombudsman ordered the suspension of the wrong governor. The Ombudsman says that in January 2013, I supposedly refused to act on the former provincial assessor’s clearance and request for leave commutation. But it was impossible for me to have committed those omissions because I was not the governor in January 2013. In fact, I was not the governor from July 1, 2010 to June 30, 2013,” Zubiri said.

“I simply did not have the authority to sign clearances and leave commutations at that time. I never even saw the provincial assessor’s papers,” Zubiri said.

Alex Calingasan, the sitting governor in January 2013, was the only person who could have properly endorsed former provincial assessor Carlos Ycaro’s papers, according to Zubiri.

“Only Calingasan could have, and should have, acted on those papers,” Zubiri, who was vice governor when Calingasan was governor, said.

A press statement issued by the Ombudsman and posted on its official website on Sept. 19 said: “During investigation, it was found that in January 2013, Zubiri refused to sign the clearance and act on the request for commutation of Carlos Ycaro, the former provincial assessor.”

Zubiri proceeded to explain the Ombudsman’s mix-up.

“In a mandamus proceeding, Ycaro himself testified under oath in open court that in his applications for clearance and leave commutation, the name ‘Jose Ma. R. Zubiri Jr.’ was intentionally put over the name of ‘Alex P. Calingasan’ as signing authority.

And Ycaro admitted that it was Calingasan who made thesuperimposition,” Zubiri said.

The governor said he had certified true copies of the transcript of court stenographic notes wherein Ycaro acknowledged the superimposition.

“But the appalling superimposition aside, plain and simplefact-checking should have convinced the Ombudsman right away that I was not even in a position to refuse to act on Ycaro’s papers, because I was not the governor then,” Zubiri said.

“Since Calingasan was the governor in January 2013, Calingasan’s name as signing authority should have been on Ycaro’s applications, and it should have been Calingasan who was expected to sign the papers,” Zubiri added.

In his petition for a mandamus order, Ycaro had sought the Bukidnon regional trial court’s help so that his papers could be endorsed.

But Calingasan’s problem was that Ycaro could not be cleared then owing to unsettled accountabilities.

According to an inventory report, Ycaro has yet to account for 1,594 units of stackable chairs, worth PHP3.5 million, which were assigned to him by the provincial government’s property office.

Aside from the “missing chairs”, Ycaro still has to account for another PHP7.2 million worth of electrification works and equipment assigned to him.

Both breaches prompted the provincial government to file a complaint against Ycaro for violating the Anti-Graft and Corrupt Practices Act.

“I have never oppressed anybody in my 28 years in public service, or even in my entire life. In fact, you can ask the people of Bukidnon regarding this. On the contrary, I am the defender of the lumads, the oppressed and the poorest among the poor in my province,” Zubiri said.

Zubiri said he is counting on the Ombudsman to immediately review its findings and rectify its mistake.

The Ombudsman’s statement said Zubiri was slapped a six-month suspension “after he was found guilty of grave abuse of authority amounting to oppression and violation of Section 5(a) of the Code of Ethical Standards for Public Officials and Employees.”

FULL STATEMENT OF GOVERNOR JOSE MA. R. ZUBIRI JR:

“I was informed about a statement issued by the Office of the Ombudsman that I am being suspended for six (6) months for grave abuse of authority amounting to oppression and violation of Section 5(a) of the Code of Ethical Standards for Public Officials and Employees.

“To be honest, I am really surprised about such findings. Let me tell you why.

“First, it was mentioned in the said statement that they conducted an “investigation” and that last January 2013, I refused to sign the clearance and refused to act on the request for commutation of Carlos Ycaro. This finding is clearly baseless if not anomalous. If the Office of Ombudsman has indeed conducted an investigation, they should have found out that I was not the governor of the Province of Bukidnon from July 1, 2010 to June 30, 2013. Let me reiterate, I was not the governor of the Province of Bukidnon from July 1, 2010 to June 30, 2013. How can I sign his clearance and act on his request for commutation in January 2013 then? The proper person to sign his clearance and act on his request would have been the incumbent governor of the province, then Governor Alex P. Calingasan. Clearly, this statement has no basis at all.

“Second, in the testimony of Mr. Ycaro when he was presented in open court in the case for Mandamus which he filed in the Regional Trial Court of Bukidnon, He himself testified that my name was just superimposed over the name of then Governor Alex Calingasan. When asked who superimposed my name, he (Mr. Ycaro) answered that it was then Governor Alex Calingasan who made such superimposition. I have here a certified true copy of the Transcript of Stenographic Notes, more specifically pages 19 to 21 thereof.

“Third, they said that in my defense I could not clear Mr. Ycaro due to “missing chairs” which were his property accountability. This is partly true. In a Memorandum Receipt which was signed by no less than Mr. Ycaro Himself, he acknowledged that HE (Mr. Ycaro) received 986 pieces of stackable folding chairs (Condura brand, color E2) amounting to PHP1,784,660.00 and 608 pieces of stackable gang chair (Condura brand, cover E1) amounting to PHP1,466,496.00 for a total of PHP 3,251,156.00. I have here with me a certified true copy of the said Memorandum Receipt.

“Per actual inventory conducted last May 2013 by a team from the Provincial General Services Office, Provincial Accountant’s Office, Provincial Assessor’s Office, Provincial Tourism Office, Provincial Planning and Development Office, Provincial Treasurer’s Office and theCivil Security Unit of the province, the mentioned items cannot be found since there is not a single “Condura chair” that can be found. I also have a certified true copy of the Inventory Report.

“Aside from the “missing chairs”, Mr. Ycaro has other “UNACCOUNTED” items under his name, particularly the Electrification, installation and supply of equipment with the value of PHP 8,100,000.00. However, per actual inventory it was found that the items installed amounted only toPHP868,472.00.

“Fourth, with regards to his leave commutation, the Office of the Ombudsman should have given attention to COA Circular No. 2012-001 dated June 14, 2012 which enumerates the Documentary Requirements for the claim of Terminal Leave Benefits of any employee. Aside from the factthat I was not the proper person to act on his application for leave commutation because I was not the governor that time, there is no showing that he (Mr. Ycaro) complied with the said requirements.

“Fifth, with regards to the statement that I failed to perform the mandate of Section 5(a) of R.A. 6713, this is also baseless. As the incumbent Vice-governor that time, I have not received any copy of any request from Mr. Ycaro.

“Sixth, even granting for the sake of argument, that I am the proper authority to sign his clearance and act on his request, prudence and my conscience would dictate that I would rather not sign due to the fact of his “unaccounted” items which are valued in millions.

“Lastly, I take offense to the fact that the said statement from the Ombudsman was already released even before I received a copy of the Resolution. On the contrary the charges we filed against Mr. Ycaro before the Office of the Ombusdman-Davao have not been acted yet and no update up to this moment has been received by the Provincial Government of Bukidnon.

“For the record, I have not oppressed anybody in my 28 years in public service or even in my entire life. In fact, you can ask the people of Bukidnon regarding this. On the contrary, I am the defender of the lumads, the oppressed and the poorest among the poor. This can be attested by the no less than the people in Bukidnon. I hope that theGood Ombudsman Conchita Carpio Morales would review such findings and see for herself that I am innocent of these charges. – Gov. Jose Ma. R. Zubiri Jr.” (PNA) FPV/PR/EDS