NIA-7 manager faces abuse raps for terminating information officer

TAGBILARAN CITY ,Philippines  - A complaint on abuse of authority was filed at the Deputy Ombudsman-Visayas against the acting regional manager of the National Irrigation Administration—Region 7 based in this city, for terminating an information officer a little over one month the contract of service expires.

The Office of the Ombudsman-Visayas received the two-page complaint and supporting documents filed by Emmanuel Lagura against NIA-7 acting regional manager Diosdado Rosales last December 26.

Lagura’s contract as information and media relations officer of NIA-7 regional office signed by former NIA-7 regional manager Modesto Membreve was supposedly effective from July 11, 2011 until January 10, 2012.

Rosales, who was designated acting regional manager of NIA-7 after Membreve, issued an order on December 5 terminating Lagura’s contract for the sole reason of non-availability of funds.

Lagura complained against Rosales, citing breach of the stipulation of the contract, and terminating his service without lawful cause or due process.

Lagura accused Rosales of violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and other offense for gravely abusing his position and authority to maliciously and intentionally cause damage and prejudice on him.

“The only ground he cited to terminate my contract, ‘non-availability of funds’, is lame and whimsical because when Membreve signed my contract, it presupposed that there was already available fund set aside and allocated for my compensation for the period July 11, 2011 until January 10, 2012,” Lagura argued.

Rosales, for his part, explained that upon assumption of office on November 2, he called Lagura to assess the latter’s performance and accomplishment.

“(Lagura) was the one who asked me what was my decision regarding his employment. So I asked him to submit tapes containing recorded clips of the radio program he was tasked to anchor at least those aired in the month of October, considering that it was stipulated in his contract that his functions included anchoring a one-hour radio program aired once a week,” Rosales said.

He also said he needed to listen to how Lagura handled his radio program and the format of such radio program so he could assess if Lagura’s functions are indispensable in the operation of NIA-7.

By middle of November, Lagura allegedly informed Rosales that he had no radio program anymore. “So I asked any copy of articles he had written that were published in the newspapers, because it was also enumerated among his functions to write news items or articles for newspaper publication and radio broadcast. He said he had some articles published in the newspapers, but still he failed to show me any copy of them,” Rosales contended.

By end of November, Lagura submitted a tape record of some episodes of radio programs he had anchored in some weekends of August but it did not even cover the whole month of August, said Rosales.

“So I explained to him that I had no other option but to terminate his contract because with such performance, I will have difficulty defending his compensation with COA. It was just a casual conversation. He even assured me that it won’t be a problem because he can get an item in the city government as alternative if would be terminated from NIA. Lagura was also aware that during paydays we always had a hard time finding source of funds where we could charge his salary,” Rosales explained.