General Admission

Was due process ignored in Raffy-Alvin case?

AL MENDOZA - GEN ADMISSION

By Al S. Mendoza

 

IT seems obvious that Raffy Baraan and Alvin Bigay were victims of injustice?

I pose that query because due process has apparently not been fully observed when they were meted punishment.

Raffy is the Administrator of the Province of Pangasinan and Alvin the Provincial Housing and Homesite Regulation Officer.

The deputy ombudsman of Luzon has handed Raffy and Alvin “the administrative penalty of dismissal from service, with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification for reemployment in the government service.”

The case stemmed from the sand mining operations in Lingayen which saw Raffy and Alvin as among 16 or so people as being involved in the project deemed questionable.

Raffy said:  “This is a very harsh and sweeping indictment of public servants whose only fault is their over-eagerness to help improve the lives of their provincemates by way of helping in the overall effort to attract investments, generate livelihood and income opportunities for the people, and promote economic development in Pangasinan.”

The decision to dismiss Raffy and Alvin from service was arrived at on Feb. 28, 2014 and executed on Dec. 11, 2014 through Director Julie J. Daquioag, OIC of the DILG Regional Office, by virtue of a Memorandum from the DILG Office of the Undersecretary for Local Government.

This, even as the Motion for Reconsideration of the Resolution filed by Raffy and Alvin remains pending and unresolved by the Ombudsman.

Tell me, where is due process there?

Such action, deplorable to say the least, does not speak well of those wielding power.

On Dec. 16, 2014, keeping their cool further, Raffy and Alvin filed with the Ombudsman an Urgent Motion to Lift the Implementing Order regarding their dismissal from service, validly citing the reason that the Ombudsman has yet to resolve the duo’s Motion for Reconsideration on the Joint Resolution.

With that, I raise another glass to Raffy and Alvin, who still exuded hope, sterling courage and an impeccable composure amid adversity and unfair play.

Said Raffy:  “Although this predicament has caused us despair, we understand that this is all part of the process that we need to go through to clear our names, and we remain steadfast in our belief that truth and justice will eventually prevail as we know that we have performed our duties and responsibilities in accordance with relevant rules, laws and regulations.”

Until the Ombudsman herself has spoken, the decision to dismiss Raffy and Alvin, already reeking with injustice and raking in brickbats in the direction of those that are supposed to champion due process, the issue is as muddled as the on-and-off talks of a Pacquiao-Mayweather fight.

Raffy and Alvin need the support of every decent man in Pangasinan.

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