OMB dismisses graft case against JHMC officials

By Melody Brawner 

BAGUIO CITY — Ombudsman Conchita Carpio-Morales has dismissed charges of malversation, violation of the Graft and Corrupt Practices Act (Republic Act 3019), oppression, misconduct and violation of Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act 6713) against two executives of the John Hay Management Corporation (JHMC) filed by former and current employees.

In a joint resolution consolidating all the above mentioned cases, Carpio-Morales  dismissed April 20 all cases against JHMC president and chief executive officer (CEO) Jamie Eloise M. Agbayani and former vice president and chief operations officer Mita Angela M. Dimalanta filed by Arthur Leonardo B. Odsey and Melquiades D. Bada, both former employees of JHMC, and Benjamin P. Quinio Jr,  still an employee at JHMC.

Anjuli Larla A. Tan-Eneran, Graft Investigation  and Prosecution  Officer  II of the Office of the Ombudsman, on Nov. 9 , 2015 wrote “considering the lack of probable cause for Malversation and/ or violation of RA  3019, respondents cannot likewise be held administratively liable since the alleged criminal acts were also the bases of the administrative charges imputed against them. With regard to the alleged oppressive and dictatorial acts of respondents, it appears from the records that respondents only imposed the appropriate actions they deemed fit for the situation and all in good faith. Mere error in judgment, if any, cannot be automatically characterized as oppressive or misconduct,” the joint resolution said.

Adding, “the complaints for malversation, violation of RA 3019 and 6713, oppression, misconduct filed against respondents Jamie Eloise M. Agbayani and Mita Angela M. Dimalanta is dismissed for insufficiency of evidence.”

“This is clearly a vindication for me. I came back to Baguio mainly to serve and to give back to the city that I love. When I was new at JHMC, I wanted to institute reforms in the organization in line with good governance. Unfortunately it did not sit well with some employees who tried to undermine all my efforts, fabricated stories, and filed cases against me. I am grateful  that in the end, truth prevailed.” Agbayani said.

Agbayani, a medical doctor by profession, was raised and educated in Baguio (from pre-school to college).

Tan-Eneran, in the resolution said that allegations that Agbayani charged gasoline and meals to host meetings are all above board and does not violate any laws or rules.

The Ombudsman also agreed that as head of the JHMC and a member of the Board of Directors, she is entitled to travel, representation, and communication  expenses of a certain amount per month, aside from expenses incurred as President travelling to the Bases Conversion Development Authority (BCDA) headquarters in Taguig City as well as attend  official meetings and  appearances outside the BCDA Head Office.

The Ombudsman also added that "Dimalanta’s admonishing some subordinates including complainant Odsey, were all properly made to correct lapses in the performance of their official duties.”

With the reforms made that led to this case, Agbayani instituted changes.

About five years later, JHMC in March 2016 obtained an ISO 9001:2008 registration from AJA registrars for its Quality Management System in recognition of its achievement of an elevated capacity for quality public governance.

Agbayani said the five years of putting systems in place will directly benefit the people that JHMC serves. "Ensuring efficient, transparent, and accessible delivery of quality public service are the key elements of the strategic governance framework of the Corporation, JHMC is committed to abide by its accredited Quality Management Syatem that is responsive to the needs of its stakeholders".

 Agbayani in her term as president and CEO of JHMC has achieved major reforms and milestones in development goals and objectives.