The Office of the Ombudsman found Mayor Norberto Pagaspas, License Inspector Isaias Oraiz, Jr., Market Supervisor Jairus Arapan and Security Guard Armando Malaki, all from the municipality of Buenavista, Agusan Del Norte, guilty of Simple Neglect of Duty and ordered their suspension for one month.
Investigation disclosed that on 31 July 2016 respondents ordered the illegal demolition of a market stall owned by complainant Mildred Estelliori. Complainant narrated that her store “stocks were dumped and littered inside the municipality’s market office. Worse, the refrigerator, flat screen television, water machine, coffee machine, stand trays and grocery goods, with an estimated total value of P25,000.00 were lost.”
In his counter-affidavit, respondent Pagaspas claimed that “the market stall was ordered closed after complainant defaulted in her payments.”
In its Decision, the Ombudsman stated that respondents “failed to comply with the requirements under Section 8 of Municipal Ordinance No. 06-91, or the Buenavista Market Code of 1991. Section 8 requires prior written recommendation of the Market Supervisor, the Municipal Treasurer, the Municipal Planning and Development Coordinator, duly approved by the Sangguniang Bayan and the Municipal Mayor, before any demolition of a market stall may be undertaken.”
Simple Neglect of Duty is defined as the failure of an employee to give proper attention to a required task or to discharge a duty due to carelessness or indifference.
The Ombudsman directed the Secretary of the Department of the Interior and Local Government to implement the decision. ###