Sandiganbayan clears former PHLPost boss over appointment of unqualified exec | ABS-CBN
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Sandiganbayan clears former PHLPost boss over appointment of unqualified exec
Sandiganbayan clears former PHLPost boss over appointment of unqualified exec
This 2018 photo from the PHLPost Facebook page shows post office boxes. Facebook/PHLPost
This 2018 photo from the PHLPost Facebook page shows post office boxes. Facebook/PHLPostMANILA — The Sandiganbayan has cleared a former postmaster general of the Philippine Postal Corp. (PHLPost) of graft charges for the allegedly improper appointment of an unqualified person to positions in the postal service.
MANILA — The Sandiganbayan has cleared a former postmaster general of the Philippine Postal Corp. (PHLPost) of graft charges for the allegedly improper appointment of an unqualified person to positions in the postal service.
In a 38-page decision promulgated on October 10, the Special Fifth Division said the prosecution lacked evidence to convict Maria Josefina Dela Cruz of two counts of graft and two counts of unlawful appointment filed by the Office of the Ombudsman.
In a 38-page decision promulgated on October 10, the Special Fifth Division said the prosecution lacked evidence to convict Maria Josefina Dela Cruz of two counts of graft and two counts of unlawful appointment filed by the Office of the Ombudsman.
Dela Cruz had been accused of giving unwarranted benefit, advantage or preference to Esther Cabigao in appointing her PhilPost Director III in September 2011 and Department Manager III in November 2013.
Dela Cruz had been accused of giving unwarranted benefit, advantage or preference to Esther Cabigao in appointing her PhilPost Director III in September 2011 and Department Manager III in November 2013.
The Ombudsman said Dela Cruz appointed Cabigao despite lacking required education, training and experience for the positions.
The Ombudsman said Dela Cruz appointed Cabigao despite lacking required education, training and experience for the positions.
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It cited several memoranda and resolutions from the Civil Service Commission requiring a Master's degree, 120 hours managerial training and five years of supervisory experience for appointment to the director position.
It cited several memoranda and resolutions from the Civil Service Commission requiring a Master's degree, 120 hours managerial training and five years of supervisory experience for appointment to the director position.
'GOOD FAITH, NECESSARY APPOINTMENT'
The CSC said it invalidated the temporary appointment of Cabigao as Director III in 2011 and 2012, but Dela Cruz said she could not recall if there was a decision on this when she appointed Cabigao again in 2013.
The CSC said it invalidated the temporary appointment of Cabigao as Director III in 2011 and 2012, but Dela Cruz said she could not recall if there was a decision on this when she appointed Cabigao again in 2013.
"The allegation that the accused appointed Cabigao 'instead of a qualified applicant' is unfounded and lacks basis," the anti-graft court said.
"The allegation that the accused appointed Cabigao 'instead of a qualified applicant' is unfounded and lacks basis," the anti-graft court said.
"The prosecution had not offered any evidence nor attempted to show that there indeed was a ‘qualified applicant' or at least another person who would have been qualified and interested to even simply apply for the job," it also said.
"The prosecution had not offered any evidence nor attempted to show that there indeed was a ‘qualified applicant' or at least another person who would have been qualified and interested to even simply apply for the job," it also said.
The Special Fifth Division recognized the need to fill up the post due to the PHLPost undergoing implementation of a rationalization program.
The Special Fifth Division recognized the need to fill up the post due to the PHLPost undergoing implementation of a rationalization program.
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"The appointment was a critical action on the part of the accused, justified by the exigency of the service. Work at HRMD [Human Resource Management Department needed a responsible official to do the manager's job. Otherwise, work would have been in limbo or worse, grinded to a halt," it added.
"The appointment was a critical action on the part of the accused, justified by the exigency of the service. Work at HRMD [Human Resource Management Department needed a responsible official to do the manager's job. Otherwise, work would have been in limbo or worse, grinded to a halt," it added.
The Sandiganbayan said the prosecution failed to establish beyond reasonable doubt that Dela Cruz acted with manifest partiality, evident bad faith or gross inexcusable negligence, saying she had relied in good faith on the two screening committees/departments on the appointments to implement the rationalization plan.
The Sandiganbayan said the prosecution failed to establish beyond reasonable doubt that Dela Cruz acted with manifest partiality, evident bad faith or gross inexcusable negligence, saying she had relied in good faith on the two screening committees/departments on the appointments to implement the rationalization plan.
The anti-graft court also pointed out that there was no evidence that the appointment of Cabigao caused undue injury to any party, including the government.
The anti-graft court also pointed out that there was no evidence that the appointment of Cabigao caused undue injury to any party, including the government.
With the acquittal, the Special Fifth Division ordered the release of the bail bond and lifting of the Hold Departure Order against Dela Cruz.
With the acquittal, the Special Fifth Division ordered the release of the bail bond and lifting of the Hold Departure Order against Dela Cruz.
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