LINGAYEN, Pangasinan— The Supreme Court (SC) Second Division has dismissed the administrative case filed against former Pangasinan administrator Rafael Baraan and Engr. Alvin Bigay of Pangasinan Urban Housing Development Council.
Baraan and Bigay have received the SC’s Entry of Judgment dated December 11, 2017 on April 18 this year, dismissing the administrative case, which emanated from the allegation of black sand (magnetite) mining at the proposed Eco-Tourism Zone here filed by Vicente Oliquino in 2012.
Baraan, in a press conference on Thursday said, “God maybe has willed that this should end this way on our favor,” while Bigay claimed it as a vindication on their part.
The SC ruling presented to the newsmen states that “the court resolves to note and grant the Office of the Solicitor General’s (OSG) manifestation and motion dated September 22 last year, praying that the motion for extension to file petition be deemed withdrawn and be executed from filing said petition.”
On Feb. 28, 2014, the Office of the Ombudsman found Baraan and Bigay guilty of grave misconduct and recommended their dismissal from service.
On October 27 the same year the two respondents filed Motion for Reconsideration at the Ombudsman, however, it was denied.
Prior to the decision of Ombudsman to their motion, the Department of Interior and Local Government Regional Office 1 served the dismissal order to Baraan and Bigay on Dec. 11 and 12, 2014 respectively.
Nonetheless, the two respondents filed petition for review to the Court of Appeals (CA).
The CA then modified the Ombudsman’s decision on Feb. 14, 2017. Instead of grave misconduct, Baraan was found guilty of simple misconduct and meted a three-month suspension while admin case against Bigay was dismissed.
On March 20, 2017, the Ombudsman and the OSG filed Motion for Reconsideration at the CA, but the CA denied the motion on July 27 the same year.
The OSG appealed for extension of time to file petition for review at the Supreme Court on August 30 last year, which was then withdrawn by OSG on the ground that its intended petition appeared to be weak because of the absence of circumstances that would justify that Baraan and Bigay were guilty of grave misconduct.
OSG’s withdrawal of its petition has been granted by the SC on December 11 last year and declared the termination of the admin case against Baraan and Bigay and CA’s decision has become final and executory.
Baraan, who is now 65, said he will continue serving the people of Pangasinan in his own capacity as a private citizen as he could no longer be in government service due to his age.
“I will attend to my family. This is a blessing in disguise, now I have time to take care of my family,” Baraan said as he added, “What you sow is what you reap, that is the law of nature, even if I don’t do anything, justice will be served. I just thank the Lord that this end in a very good way for us.”
Bigay, on the other hand, will assume his former post at the Provincial Capitol starting May 2.
“I will be receiving back the benefits I have lost. I also thanked the Espino family for taking care of us during those time that we are not in the service,” Bigay said. (PNA)
