Officials of the DENR Region 5 office who allowed acting Camarines Sur Provincial Environment and Natural Resources Officer Rodolfo Matusalem to collect his salaries and enjoy other perks and remunerations accruing to the position even if he has no valid appointment are facing criminal charges together with Matusalem for violation of the Anti-Graft and Corrupt Practices Act.
Matusalem, whose temporary appointment as PENRO expired last May 11, 2005 has been collecting his salary from the Regional Office after the Commission on Audit disallowed salaries paid him in the amount of Ph 184,410.00 on May 29,2006.
Despite the COA disallowance, the DENR Regional office has continued to violate the order by allowing Matusalem to collect his salary, RATA and other remunerations from the Regional Office. This constitutes a violation of the Anti-Graft and Corrupt Practices Act according to Camarines Sur Provincial Prosecutor Agapito Rosales.
After the disallowance, PENRO officers in charge of payrolls have refused to process his salary vouchers because of the COA order and because since May 11, 2005, Matusalem has not secured a valid appointment.
Provincial Prosecutor Rosales said the continued assumption by Matusalem of PENRO duties poses an even bigger problem because he has been signing Free Patent titles without a valid appointment. Any of the titles signed during the period that he has no valid appointment could be declared null and void and would create serious problems especially if the properties covered by the titles are encumbered.
Meanwhile, Deputy Ombudsman for Luzon Victor C. Fernandez has forwarded to Tanodbayan Merceditas N. Gutierrez his recommendation for Matusalem’s preventive suspension in connection with a case filed by Dr. Jaime Dungca with the Ombudsman against Matusalem under OMB-L-A-06-0193 for holding on to the position of PENRO even when he has no valid appointment. The Civil Service Commission has categorically denied a request for reconsideration by then DENR Regional Director Oscar Hamada of Matusalem’s appointment citing that Matusalem does not possess Career Service eligibility.
Under Civil Service Commission Law and Rules officers and employers in the government without valid appointment are not entitled to receive salaries and the appointing authority shall be held liable for the unlawful disbursement. Those who allowed payment of salaries knowing that the officer or employee concerned has no valid appointment violate the Anti-Graft and Practices Act, Provincial Prosecutor Rosales also said.
Most PENRO employees are reportedly signing a petition asking for the immediate relief of Matusalem not only because he has no valid appointment but because of his abusive manner in dealing with subordinates.
Matusalem is said to frequently curse even female employees and threaten those whom he suspected to be not supportive of him.
Matusalem had reportedly been observed to be drinking during office hours and once drunk he would return to the office and start berating employees he did not like.
Said to be a protégée of former DENR Regional Director Oscar Hamada who maneuvered payment of his salaries from the DENR Regional office, Matusalem is said to be surprisingly too arrogant even when is not a Bicolano and uses foul language even on lady employees.
His irrational behaviour has caused so much demoralization in the ranks of DENR employees in Camarines Sur thus adversely affecting their overall efficiency and performance, Melvin Araojo, president of the DENR employees union in the province said.
