By Dolly Yasa
BACOLOD CITY—Negros Occidental Governor Eugenio Jose Lacson said it is the Department of the Interior and Local Government (DILG) that will determine when suspended provincial administrator Atty. Rayfrando Diaz can return to his post.
This follows the Ombudsman’s decision to reduce Diaz’s suspension from six months to one month.
At the sidelines of the Love Negros convention on Sunday, Lacson told reporters that it is not within his authority to decide Diaz’s return.
“The DILG will be the one to return him to his old post,” Lacson said, reiterating his belief that Diaz had done nothing wrong.
When asked by Daily Guardian on Monday about his return to the provincial government, Diaz responded via text message, saying, “No definite date yet.”
Diaz had earlier filed a motion for reconsideration after he and Executive Assistant II Chery Sheil Valenzuela were suspended for six months without pay by the Office of the Ombudsman for “conflict of interest” due to their private law practice while working for the provincial government.
Diaz described the Ombudsman’s decision to reduce his suspension as a partial victory.
In its decision on Diaz’s motion, the Ombudsman dismissed the administrative charges of serious dishonesty, conduct prejudicial to the best interest of the service, grave abuse of authority, grave misconduct, gross neglect of duty, and oppression for lack of merit.
However, both Diaz and Valenzuela were found guilty of violating Section 7(b)(2), in relation to Section 11(b) of Republic Act 6713, and were suspended for one month without pay under Section 10(b), Rule III of Administrative Order No. 07, as amended.
Diaz said he plans to elevate the case to the Court of Appeals within 15 days for a final ruling.
The initial suspension stemmed from allegations that Diaz and Valenzuela failed to provide legal assistance or representation to Binalbagan, Negros Occidental, in an expropriation case filed by the municipality with the Regional Trial Court of Himamaylan City.
It was claimed that there was a conflict of interest, as Diaz and Valenzuela acted as counsel for JLL Agriculture and Development, a defendant in the expropriation case.
Diaz denied the allegations, asserting that neither he nor his co-respondent acted against the interests of Binalbagan or violated their duties as provincial government employees.
He also said they had the governor’s permission to practice their profession.
The Ombudsman’s decision acknowledged that Diaz and Valenzuela were allowed to engage in private law practice, provided it did not conflict with their obligations to the provincial government.
Diaz has already served more than two months of the six-month suspension, which took effect in June.
The Ombudsman further noted that their role as counsel for JLL Agriculture “undeniably came in conflict” with their duties to the provincial government.
