Wednesday, July 29, 2009

SC upholds Ombudsman, COA ruling on dismissal of ex-school principal

By Florence F. Hibionada

After nearly seven years of legal battle, the Commission on Audit (COA) and the Office of the Ombudsman got its final favorable judgment on a graft case filed against a former public school principal.

Then found guilty of grave misconduct thus dismissed from government service, Corazon Balbastro was stripped of her post as principal of the Iloilo City National High School (ICNHS) in Molo district, Iloilo City.

Said decision was reached back in April 2002 and questioned by Balbastro up to the Supreme Court (SC).

The Office of the Ombudsman in the Visayas made public yesterday the SC final Judgment following a 15-page Order. SC Associate Justice Conchita Carpio Morales penned said Order and concurred by the SC En Banc led by Chief Justice Reynato S. Puno.

To recall, Balbastro’s legal woes stemmed from a 1999 letter-complaint of parents and teachers of the ICNHS. The complainants called for a COA probe on perceived irregularities of Balbastro’s fiscal management using the school funds.

The complaint further named another supposed erring school official who was later exonerated.

Balbastro was accused of mishandling over P184,000 in donated funds from the Iloilo City government and the unauthorized spending of over P161,000 in purported repair of school projects. She was also questioned for disbursements of nearly P500,000 in supposed costumes of the school’s Dinagyang participants in 1999.

The COA came out with its audit report confirming said irregularities and later used by the Ombudsman in establishing the administrative and criminal cases against Balbastro.

The Ombudsman held Balbastro guilty of the irregularities stated by COA with the SC saying that the audit report “was enough basis to sustain the Ombudsman’s findings of guilt...”

Balbastro as a matter of recourse petitioned the SC citing the alleged denial of due process “and that the proceedings before the Ombudsman were attended by serious irregularities.”

SC Associate Justice Morales was curt with her reply – “The petition fails.”

“AT ALL EVENTS, petitioner cannot protest that she was deprived of due process for not having been apprised of the charges against her since the charges did not go beyond the findings of the audit report, a copy of which she received and to which she responded via her Supplemental Answer,” the SC Judgment went. “Petitioner has no one to blame but herself….”

As such, Balbastro’s dismissal from government employ with forfeiture of benefits stay even as prosecution of the criminal case continues.

To note, the Ombudsman since the establishment of its Iloilo Field Office has been instrumental in conducting motu proprio investigation using COA Audit Reports. From the highest elected official of any given local government unit to the regular government employees, the Ombudsman takes corresponding action.

COA Audit Reports are done yearly to ascertain the propriety, regularity and legality of all government dealings using public funds.

source

Nothing can escape the long arm of the law.

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