Volume 13 Number 1 - University of the Philippines College of Law

480
National Administrative Register Volume 13/1
counter-affidavit/verified answer to the complaint together with the affidavits of
witnesses and other documents/papers in her defense. (pp. 134 to 136, Records).
ìOn January 14, 2000, the complaint was referred to the Office of the
Ombudsman for appropriate action on the criminal aspect of the case. (p. 133,
Records)
ìOn 11 February 2000, the respondent filed her counter-affidavit/verified answer
together with certain attached documents. (pp. 137 and 268, Records)
ìA preliminary conference was conducted on 23 February 2000 wherein both
parties were duly represented by their respective counsel. (pp. 280 and 281,
Records)
ìAs agreed upon, the complainant filed an amended verified complaint on
March 7, 2000. (pp. 282 to 290, Records)
ìThe amended complaint charged the respondent of the following acts/omissions,
to wit:
(1) that the respondent received transportation allowance (TA) despite the fact
that a government vehicle was assigned to her;
(2) that the respondent used the assigned vehicle without the appropriate mark
ìFOR OFFICIAL USE ONLYî;
(3) that she failed to appoint an officer-in-charge to sign papers and official
documents in her absence during her frequent travels to Dipolog City;
(4) that the respondent failed to observe proper decorum in the discharge of
her official functions; and
(5) that the respondent violated the law against nepotism when she designated
Mr. Edgar S. Cadavedo as officer-in-charge of the Provincial Office in Zamboanga.
ìIn her counter-affidavit/verified answer, the respondent averred as follows:
(1) that she denies all the charges levelled against her;
(2) that while she admitted to have received her transportation allowance from
November 1997 to December 1998, she altogether desisted from receiving the
transportation allowance when the Supreme Court issued a ruling in the case of
Aida Domingo vs. Commission on Audit (G.R. No. 112371, October 7, 1998) in
relation to COA Circular No. 2000-005 that whenever an official or employee
entitled to transportation allowance uses the government vehicle issued to his
office, a corresponding proportionate reduction on his transportation allowance
shall be made;
(3) that she claimed that her acts of designating Edgar Cadavedo did not
constitute a violation of the rules on nepotism because the latter is not related to
her within the third degree prohibited by the Civil Service Law;