Ombuds junks case vs. NLRC deputy sheriff

CEBU, Philippines -  The Office of the Ombudsman-Visayas has dismissed the administrative case filed against the deputy sheriff of the Regional Arbitration of the National Labor Relations Commission (NLRC) for lack of merit.

Graft investigation and prosecution officer Katherine Genovesa said there was no basis to hold respondent Eddie Mondano for simple neglect of duty.

“Apparently, respondent, contrary to the allegations of the complainant, did enforce the writ of execution. There was no neglect or refusal to act on the part of respondent to execute the subject decision,” the decision read.

The decision was approved by Deputy Ombudsman for the Visayas Pelagio Apostol.

The complaint was filed by Liberato Igcas. He alleged that on March 10, 2010 the NLRC through Labor Arbiter Fructuso Villarin IV rendered a decision declaring him that he was illegally dismissed.

Villarin then ordered the complainant to give him full back wages in the total amount of P142,122.

The decision became final and executory on December 7, 2010.

However, Igcas said despite the finality of the decision respondent “failed and neglected to enforce the same despite the writ of execution.”

In his counter-affidavit, respondent said he went to Tagbilaran City, Bohol to serve the copy of the writ of execution.

He said he sent several notices of garnishment to several bank managers in Bohol in order to garnish the possible accounts of Petro Best Car Wash, where complainant was employed.

With the foregoing evidence, Genovesa ruled in favor of the respondent by clearing him from the charges.  (FREEMAN)