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VOL. LIII No. 101
City of Tagbilaran, Bohol, Philippines
Sunday, May 11, 2008
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A LESSON FOR TREASURERS

 

First things first. As we pay tribute to all the mothers in the world today, let's turn first to the mothers beside us. It's not necessary to join the commercialism induced by food chains and restaurants to show that we do remember and care. Mothers will always be women to us. And as Billy Joel says:

"She can kill with a smile, she can wound with her eyes
She can ruin your faith with her casual lies
And she only reveals what she wants you to see
She hides like a child, but she's always a woman to me
She can lead you to love, she can take you or leave you
She can ask for the truth, but she'll never believe you
And she'll take what you give her as long it's free
Yeah, She steals like a thief, but she's always a woman to me
And she'll promise you more than the garden of Eden
Then she'll carelessly cut you and laugh while you're bleeding
But she'll bring out the best and the worst you can be
Blame it all on yourself 'cause she's always a woman to me
She's frequently kind and she's suddenly cruel
She can do as she pleases, she's nobody's fool
And she can't be convicted, she's earned her degree
And the most she will do is throw shadows at you,
But she's always a woman to me"

Happy Mothers Day to all mothers, including those who are not wives.

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The Supreme Court has recently upheld the Ombudsman's suspension of Cebu City Treasurer Eustaquio B. Cesa for six months without pay for tolerating illegal practices in the granting of cash advances to paymasters.

In Cesa v. Ombudsman, et al., GR No. 166658 April 30, 2008, the High Tribunal en banc affirmed with modification the decision of the Court of Appeals (CA) which upheld the findings of the Office of the Ombudsman-Visayas finding Cesa and other city officials guilty of neglect of duty.

After a surprise audit by government auditors of Cebu City Hall's Cash Division, paymaster Rosalina G. Badana was found to have had fraudulently incurred cash advances of more than P216 million. Upon then City Mayor Alvin B. Garcia's filing of administrative charges against Badana before the Ombudsman, graft investigators concluded that the city officials' failure to observe relevant laws and rules governing the grant, utilization, and liquidation of cash advances facilitated, promoted, and encouraged the defalcation of public funds. Impleading Cesa and other city officials, the Ombudsman found them guilty for neglect of duty meting out the penalty of six months suspension without pay.

Cesa claimed that, following Arias v. Sandiganbayan, no inference of negligence can be drawn from the act of relying on subordinates as government operates by division of labor and delegation of functions. But the SC reiterated its decision in Alfonso v. Office of the President where it held that the Arias ruling is not applicable for "a public official's foreknowledge of facts and circumstances suggesting an irregularity constitutes an added reason to exercise a greater degree of circumspection before signing and issuing public documents."

For Cesa's failure to "exercise the diligence of a good father of a family to prevent losses of funds and efficiently supervise the paymasters," the Court found the city treasurer guilty of tolerating the irregularities found by the Ombudsman, allowing these to "wreak havoc on the coffers of the city."

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POSTSCRIPT. Our deepest sympathy and condolence to the Butawan family in Tagbilaran City and Ubay town for the demise of their patriarch, Diomedes "Dim" Butawan, last Friday afternoon due to a lingering illness. Dim was instrumental for our entry to the National Media Production Center (NMPC) under the Office of the President immediately after our college graduation. He stood as one of the principal sponsors in our wedding. Dim later on got elected as a municipal councilor in Ubay. His remains now lie in state at Funeraria Gomez. He is survived by wife, Cristina, and eight children.

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For comments and suggestions, just e-mail to the following e-mail addresses: obiter@boholchronicle.com

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

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