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oMB-V-C-12-O144-C
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RESOLUTION
This is a criminal complaint for Violation of R.A. No. 67L3,
otherwise known as the Code of Conduct and trthical Standards for
Complainant alleged
to 2010.
CERTIFTED
ACIIINE COPY1
"
oMB-V-C-L2-O1'+4-C
provincial
statement
k:,=
(1ALN)
Mejorad.a
for the
he filed his sALN, and that not having "copies on file" could only
mean a lapse in recordkeeping of that office, or that respondent's
as a form of
political
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RESOLUTION
DISCUSSIO!T:
finds no probable cause for the filing of a criminctl case -for a Violcrtion
ih
tqii$mffitmr.u m.lhr
did not file any SALN for the years 2OO3, 2OO4, 2OO5,
2OOB, 2OA9
had copies on file of respondent's SALN for the vears 2006 and
did not state that he did not file his SALN for the years enumerated by complainant. Clearly, in order to indict respondent for Violation
of
R.\.
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The
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w&Y' which
is that respondent did not file his SALN for the other
years, or respondent's w&y, which is that there was a recordkeeping lapse or that his records were deriberately mispraced. In light of such, the evidence here may be said to be in equipoise. under the equipoise ru1e, where the evidence on an issue of fact is in equipoise
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other evidence to show that indeed respondent did not file any SALN for the years aforementioned, especialry since
the HRMDo is
not the only place that records of such documents may be found. As it is, the Rules Implementing the code of Conduct and Ethical Standards for public officiars and Emproyees, particularry
Rure vI,I,
employees,
both appointive and elective should file their sALN with the Deputy ombudsman in their respective regions. complainant could have very well obtained the necessary certification from the office where respondent's sALN is supposed to be filed, in order to bolster or establish his allegation. However, complainant
failed to do
so.
Furthermore, despite being given the opportunity to submit evidence that would prove his charge against respondent, by way
of
/OL
lapse of considerable
uel
lck of probable cause.
SO RESOLVED.
iorada is here
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2013.
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sman for the Visayas
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