The Ombudsman for Visayas has approved the findings of the Office of the Cadiz City Prosecutor of probable cause to hold a city councilor liable for three counts of perjury committed while filing his certificates of candidacy.

Cadiz councilor, Dr. Ramon Nemenzo Jr., was accused of filing certificates of candidacy before the Commission on Elections on March 26, 1998, Feb. 26, 2001 and March 17, 2004 with alleged deliberate misrepresentations by declaring that he was eligible to run for public office when, in truth, he had been disqualified.

Complainant Morito Villa Jr. contended that Nemenzo was ineligible to run for any local public position because of an earlier administrative case where he was found guilty of "dishonesty and disgraceful and immoral conduct" by the Civil Service Commission in Resolution No. 963068 dated May 2, 1996.

The decision was made final by CSC Resolution No. 964899 dated Aug. 1, 1996 and he was meted dismissal from service, including all its accessory penalties, Villa said. The Commission on Elections 2nd division on Feb. 24, 2005 also declared Nemenzo ineligible to hold public office, Villa added.

Nemenzo, in his counter affidavit, denied the charges of perjury. He pointed out that when the CSC came out with the decision on May 2, 1996 he had already resigned from his position as medical officer III of the Cadiz City Health Office on Aug. 16, 1995. Thus he claimed his dismissal from service was rendered moot and academic with his resignation five months earlier.

However, in a resolution dated Aug. 3, 2005 Cadiz City Prosecutor Frances Guanzon found probable cause to hold Nemenzo liable for three counts of perjury.

The resignation of respondent before the decision of the Civil Service Commission does not divest the CSC of its judgment, she said. The Ombudsman for Visayas, in reviewing the resolution of Guanzon, said that, as she correctly found, Nemenzo was fully aware of the CSC resolution dismissing him from the service, yet for three consecutive elections in 1996,2001 and 2004 he "deliberately made untruthful statements on his eligibility to run as a candidate" for councilor.

The CoCs filed by Nemenzo contained falsehoods, the Ombudsman said, in approving the resolution of the Cadiz City Prosecutor.

Nemenzo has filed an appeal to the Ombudsman's findings, Guanzon said.*CPG

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