San Fernando municipal engineer suspended for neglect of duty

CEBU, Philippines - The Office of the Ombudsman-Visayas has suspended a municipal engineer of San Fernando, Cebu for one month and one day without pay after he was found guilty of neglect of duty on the complaint filed by the Field Investigation Office (FIO)

Graft Investigation and Prosecution Officer II Luanne Ivy Cabatingan found substantial evidence to hold Simeon Lauronal administratively liable after he issued an electrical permit to Jerum Aningalan in 2010 despite the lack of submitted requirements.

Instead of simple misconduct as originally filed, Cabatingan said Lauronal can only be held liable for simple neglect of duty since the issuance of electrical permit without locational clearance was not intentional.

“Respondent claimed that the issuance of the electrical permit to Aningalan was made in good faith due to his reliance on the Enforcement Division in the processing of the application, which he merely approved. This claim, in view of his abovementioned subsequent actions, deserves credence,” read the decision.  

In their complaint, the FIO alleged Lauronal committed simple misconduct when he granted the electrical permit to Aningalan without the latter's locational clearance. As municipal engineer, the FIO said, Lauronal should have knowledge on all existing policies, guidelines and procedures in granting an electrical permit.

“By approving Aningalan’s application with incomplete requirements, he committed a serious lapse of judgment sufficient to hold him liable for simple misconduct,” the complaint reads.

Lauronal denied the charges filed against him, claiming that he issued the permit in good faith and without any semblance of partiality to anybody.

When the application was submitted before him by the Enforcement Division, he approved the same with the presumption that the applicant had complied with all the requirements needed.

He added that personnel from the Enforcement Division are the ones in charge of scrutinizing the support documents submitted for those applying permits for building fencing as well as for electrical permits.

With the foregoing facts, Cabatingan ruled that the act of the respondent falls under simple neglect of duty and not misconduct.

“While respondent’s act of issuing an electrical permit to Aningalan despite the lack of locational clearance was indeed wrong, there is no showing that he issued the same to Aningalan intentionally or deliberately in violation of a rule of law or standard of behavior or with gross negligence,” read the decision. (FREEMAN)