Kalinga gov refutes charges of vice gov in Ombudsman cases

‘Politically motivated’ 

TABUK CITY, Kalinga–Gov.Jocel C. Baac submitted his counter-affidavit with the Office of the Ombudsman refuting charges filed against him by Vice-Gov. Allen Jesse C. Mangaoang, et al for “grave misconduct,” among others.

Saying the allegations were politically motivated, Henry G. Gupaal, executive assistant to the governor said Baac submitted his counter-affidavit Aug. 4 before the Deputy Ombudsman for Luzon on cases.

According to Gupaal, in the counter-affidavit, Baac denied and rebutted charges against him and submitted several documents including affidavits of several witnesses present during alleged incident to corroborate his claim that there was no incident of mauling (of sangguniang bayan secretary Mathew Matbagan by Baac) as alleged in the complaint filed by Mangaoang, et al.

Mangaong had reportedly been telling Kalinga constituents he didn’t file cases against Baac but records filed with the Ombudsman would attest to the truth.    

Gupaal said Baac, in his counter-affidavit, alleged that Mangoang and other complainants were only riding on the issue considering that election period is already just around the corner. “It is clear the cases were politically maneuvered to discredit Governor Baac. Vice Governor Mangaoang and some SP members were not the alleged victims nor were they present during the alleged incident between Baac and Matbagan.”

Criminal charges against Baac included physical injuries, coercion, and malicious mischief.

“Administratively,”Mangoang and other complainants said “respondent should be held liable for grave misconduct, oppression, abuse of authority, being notoriously undesirable, and conduct unbecoming of public officer.”

But Baac, in his counter-affidavit said “allegations of the complainants are false, malicious and baseless, in fact and in law, hence, the instant cases must be dismissed.”

Baac’s counter-affidavit said complainants made allegations that while the governor was allegedly at his office, he allegedly called for Matbagan and for no apparent reason, allegedly repeatedly boxed the mentioned complainant.

“Governor Baac would like to categorically state that he never boxed the said complainant and never inflicted any physical harm on the said person,” his counter-affidavit said. “Their allegations are concocted and a product of their devious imagination.”

“At the date and time of the incident, when complainant-Matbagan went to his office, he was sitting on his chair as attested by his witnesses, a certain Ms. Gamal, PO1 Karl Mark Rodney Bryan B. Bungaden and SPO2 Elmer E. Amon.

“When he started reading the excerpt of the Sanggunian resolution, complainant-Mabagan was standing a little bit behind him. How could he therefore have boxed him several times on his face and on the different parts of his body or pull his collar? Respondent held on his shirt to make him come nearer so that he could read what was written on the excerpt.”

“It has also been claimed by the complainants that complainant Matbagan “could only bow his head at the table to hide his face” when respondent allegedly repeatedly boxed him. The allegation is not only contrary to human experience but is downright ridiculous; the affidavit of witnesses who were present during the entire period of the incident belied this statement of complainant Matbagan. If one is being repeatedly boxed, human nature dictates that the person would rather fight back or will try to cover his face or his body to protect himself.” The testimony of SPO1 Karl Mark Rodney Bryan B. Bungaoen stated that on May 11, 2015, he was on duty to guard the front door of the office of the governor to regulate the queue of people coming inside the office and around 10:30 a.m. of the same date, he opened the door of the office for visitors to enter the said office.

After several minutes, Matbagan also went inside the office. Matbagan after a few minutes also went out of the governor’s office. Bunagoen said he did not notice or hear any altercation neither commotion nor sign of any violence happening inside the office.

The Affidavit of SPO2 Elmer E. Amon, acting security officer of the governor, corroborated the statements of the other witnesses, he stated: “At around 11:30 am, I decided to go check on the governor inside the office and to likewise ask him if he wanted to order some food since its nearly lunch and I observed that there are still several clients seated at the waiting area and I knew that he did not eat any breakfast since we went out of his residence very clearly.”

He stated that upon opening the door, he saw Matbagan standing while the governor was seated behind his desk and heard Matbagan stated “alaek man ngarud dayta resolution sir tapno isimpak” (Can I get the resolution sir so I will fix it) and the governor said “sige” (okay) and told him “I am trying my best to make our relationship good but you are breaking it.” He also reportedly heard Matbagan said “sorry sir, sorry sir.” He also attested that he did not hear nor notice any commotion nor saw the governor maul or box Matbagan.

The allegations of Mangaoang and others that the arrival of security officers to halt the mauling incident was contested by the affidavit of security officer Elmer E. Amon.

The complainants would like to impress upon this Honorable Office that the root of this alleged acts was respondent’s alleged displeasure on the excerpt of the Sangunian Resolution, again, this is false and absurd.

Baac’s  affidavit said Matbagan is the secretary of the Sanggunian,  not a member of the Sanggunian, does not vote in any resolution being passed by the said body, so there is therefore absolutely no reason for him to blame Matbagan for the passing of the said resolution or for any resolution for that matter.“What respondent was pointing was the malicious wordings made on the resolution and it is just so happened that Matbagan being the secretary should have compared the excerpt resolution to the one contained in the actual minutes of the SP regular session which turned out to be exactly different from the excerpt presented by Matbagan.”

Baac said complainants made allegations of cases filed against him even if these were already dismissed.

He said the“office of the governor is open to the public and at the date and time of the alleged incident; there were several persons inside his office. Persons that complainant-Matbagan knows and yet his allegations are uncorroborated. Why, it is because complainants’ allegations never took place.”

In blotter report dated May 14, 2015 prepared by the Tabuk City Police sub-station for OIC, Kalinga said: “In a brief follow-up interview with Mr. Matbagan in his residence, he stated that he has no plans to file complaints against the governor and that he will just give a written statement later. However, he could not be located for another follow-up interview as of this report.” A

A certification of OPAD, Security Office dated 24 July 2015, Province of Kalinga issued by Simeon P. Bentican, Civil Security Officer IV, said: “Based on record of this office, that there is no reported any incident of commotion or violence inside the Provincial Capitol Building or any of its premises on May 11, 2015.”

In his counter- affidavit, Baac said, “The filing of this false and malicious complaint is a reminder that election is just around the corner and complaints must be dismissed.”

Respondent allegedly mauled Matbagan when he presented to the governor the excerpt of the minutes of the SP regular session on May 5, 2015 for the latter’s approval.

Baac as told by Matbagan grabbed his polo shirt, boxed him several times on his right check bone, left eye and lower body and in the process broke his ballpen that cased the ink to spread on his polo shirt.

But Baac said in his counter affidavit Matbagan’s version was a “dramatic presentation of the actual event that transpired on May 11, 2015.”

“It is admitted that respondent Governor got irritated when the excerpt resolution entitled an excerpt of Resolution No. 2015-058 entitled as “Declaring the Kalinga Gabriela Mija Medical Center (KGMKMC) at Barangay Agbannawag as an annex or extension of the Kalinga Provincial Hospital and directing the latter to restore the Health Services thereat was brought to him by complainant Matbagan.

“Upon the Governor’s review, he scolded Matbagan because of the malicious, false, and deceitful wordings of the SP Resolution No. 2015-058.”

Gupaal said he reviewed resolution and found out that contents were false, malicious, misleading and contrary to the minutes of the session.

The resolution reportedly made it appear that KGMKMC was closed when the health personnel detailed thereat returned to their respective original assignment. But this was entirely not true because all of the health personnel did not return to their respective original assignments but were only detailed or reassigned to the Kalinga Provincial Hospital and Provincial Health Office.

This is a false inference by the complainants as stated in the excerpt of the May 5, 2015 SP Regular Session;

Clauses of the excerpt stated:

         “Whereas, the operation of the Kalinga Gabriela Mija Kim Medical Center health services was untimely   stopped when the health personnel thereat returned to their respective original assignments;     

          Whereas, in view of the foregoing, the said medical center was abandoned and futile thus depriving the      people of Kalinga especially the constituents of the said barangay and its adjacent barangays of its health          services;

         Whereas, its closure renders great loss to the Provincial Government of Kalinga because it spent a huge    amount of money for its improvement and operation;”

This completely twisted the fact that the temporary closure was due to KGMKMC’s lack of legal standing to operate as recognized by the PHB in their resolution requesting that KGMKMC be declared as an annex of KPH; PHB Resolution dated February 24, 2015. Annex “J”

Further, adding malice, deceit and falsity in the resolution is the “whereas” portion that completely disregarded the primary reason for the temporary closure of KGMKMMC.

One can only conclude that the purpose of the subject excerpt resolution is to malign the good intentions of Governor Baac and make it appear that the closure of the Medical Center was a whimsical and arbitrary coming from Governor Baac.

“It is rational and normal to get irritated if one is presented with a purportedly excerpt of a public document which is totally alien to the primary document where the excerpt was lifted,” Baac said.

He said he held on to the polo shirt of Matbagan to call his attention on the malicious statements in the “whereas”  clauses of the excerpt of the resolution and denied that he boxed him on the right check, left eye and lower part of his body several times.

Baac said he was inside his office and at that time some health personnel were present. “Contrary to human experience when a person is mauled right in front of witnesses, they will surely notice the incident; however in this case, the medical personnel present did not notice any mauling incident.

The affidavit of Petry B. Gamal,nursing attendant stationed at the Kalinga Provincial Hospital said they were at the office of the Governor on May 11, 2015 at around 10:30 a.m. to follow up the SP resolution that would declare the KGKMMC as annex or extension of the Kalinga Provincial Hospital.

They informed the Governor that the Sangguniang Panlalawigan already passed a resolution relative to the declaration of the medical center as annex of KPH. He then requested his staff to call the SP Secretary to verify if indeed there was already a resolution. Matbagan entered the office of the governor and handed over a document.

The governor read the document and Dr. Ruth B. Dugiang, a medical officer and Gamal noticed the governor told Matbagan why was the document worded in such a way that made him look like he was remiss of his duties and a villain.

The governor reportedly told Matbagan “umayka man ditoy ta kitam man no husto daytoy nga inaramid yu” (come here and see if this what you have done is correct).

Later the governor also reportedly said in the vernacular “sabsabotahiyen yu met ti administration ko nga, awan babainyu” (you are sabotaging my administration, you have no shame). He also said respect my office even if we are co-equal body. They also heard Matbagan said that he was not the one who prepared said SP excerpt resolution.

Matbagan told the governor “alak man ngarud dayta resolution sir tapno isimpak (can I get back the resolution sir so that I can fix it) and the governor said sige (okay) further the governor said I am trying my best to make our relationship good but you are breaking it. Matbagan reportedly said “sorry sir”.

The visitors waited for Matbagan to return the corrected SP resolution but after several minutes they were informed that Matbagan will no longer return so they left the office of the governor.