Ombudsman dismisses ex-NCIP- CAR director over Baguio IPMR

‘Perpetual disqualification from gov’t service’ 

By Sherwin De Vera

BAGUIO CITY — The Office of the Ombudsman ordered the dismissal from service of the former head of the National Commission on Indigenous Peoples-Cordillera Administrative Region for grave misconduct.
    Aside from dismissal, the Ombudsman also ordered the cancelation of Calde's eligibility, forfeiture of his retirement benefits and perpetual disqualification from government service.
    The decision, which the petitioner received on June 24, stemmed from two complaints filed by Roger Sinot Sr. against former NCIP-CAR director Roland Calde about the selection of Indigenous Peoples Mandatory Representative (IPMR) in the Baguio City Council.
    Calde presently heads the NCIP regional office in Central Luzon.
    In her March 29 decision, Graft Investigation and Prosecution Officer Lauren Divino-Sudweste said there was "substantial evidence" to hold Calde liable for grave misconduct regarding the first complaint.
    However, the ruling found "no substantial evidence" for other charges against Calde.
    Sinot accused Calde of grave abuse of authority, grave misconduct, and ignorance of the law in his first complaint filed in June 2017.
    The petitioner alleged the then NCIP-CAR chief discriminated against him and favored the candidate from another IP group.
    The complainant filed the second case in December 2017.
    He said Calde committed grave misconduct and conduct prejudicial to the best interest of the service when he asked hydropower and mining companies to sponsor the 20th Indigenous People's Rights Act anniversary celebration.
    In a text message, Calde said he had not seen the decision. "We will file a motion for reconsideration after we receive it," the NCIP Region 3 director said.
    There was discrimination, undue delay Divino-Sudweste noted in Calde's repeated directive creating a review body to examine if the process was following the customary law ratified by the Baguio Ibaloys.
    Despite affirmation of its validity in the first review and by NCIP Baguio Officer-in-Charge Harriet Abyadang, the former director created a second review committee.
    It was this body that rejected the selection of Sinot.
    "Further, despite the legal opinion by the NCIP Central Office favoring the issuance of the Certificate of Affirmation to complainant, respondent Calde still discriminated against the latter by unduly delaying the issuance of the said Certified," the ruling stated. "It seems that respondent Calde kept passing the matter from one office to another until he was able to get a recommendation that was unfavorable to complainant," Divino-Sudweste added.
    The ruling underscored that Calde justified his refusal to provide the certificate using the protest from the losing nominee, which the Central Office settled in favor of Sinot. Calde only issued the document after the NCIP chairperson ordered him in December 2017, a year after Abyadang endorsed the confirmation of Sinot as Baguio IPMR.
    “It was clearly established therefore, that respondent Calde neglected or failed to act within reasonable time on OIC Abyadang's endorsement dated 27 December 2016 for the issuance of Certificate in complainant's favor without sufficient justification, for the purpose of discriminating against complainant," said the decision.
    In a June 27 interview, Sinot welcomed the Ombudsman’s decision, calling it "light at the end of the tunnel."
    Despite the development, Baguio will remain without an IPMR.
    Just days after taking oath in January 2018, a Baguio regional trial court issued a Temporary Restraining Order against Sinot's assumption of his post in the city council.
    The following month, RTC Branch 6 Judge Cecilia Corazon Dulay-Archog granted the writ of preliminary injunction, prohibiting the city government from recognizing Sinot as IPMR.
    The injunction stemmed from the consolidated complaints filed by purported indigenous peoples’ groups and the city government.
    The petitioners questioned the selection process and qualification of the selected IPMR.
    They also claimed the proceedings excluded other tribes.
    Sinot said the court has yet to decide on the motion for reconsideration they filed.
    The late Interior and Local Government Secretary Jessie Robredo issued Memorandum Circular 2010-119, directing the mandatory representation of indigenous people in policy-making bodies and other local legislative councils, as provided under the Indigenous Peoples Rights Act.

Sinot is hopeful the recent Ombudsman ruling will fast track the settlement of other pending cases in court related to his assumption of office.

"Hopefully, they will give justice for the indigenous peoples of Baguio that have been deprived of representation until now," he said.