That by way of the decision dated October 29, 2004, the administrative responsibility [was]
declared, among others, of [Mr.] López Mendoza, [...] in his capacity as National Environmental
Analyst in the Office of the Chief Economist of Petróleos de Venezuela S.A. [Venezuela
Petroleum S.A.]
(PDVSA), for the following facts:
A) for having acted in concert with the Mrs. Antonieta Mendoza de López [...] with whom there is a
blood relationship of first-degree (mother) who served as Public Affairs Manager of the Services
Division of PDVSA [...] that as of December 23, 1998, the company represented by her [...] made a
donation in the amount of sixty million sixty thousand Bolivares (Bs. 60,060,000.00) in favor of the
Primero Justicia Civil Association, where [Mr.] López Mendoza, on the date of the donation was
serving simultaneously as an officer of PDVSA. [...] The conduct that once verified was subsumed in
the assumption of administrative responsibility provided for in paragraph 7 of Article 113 of the
Organic Law of the Comptroller [...], in force at the time of occurrence of the irregular activity,
which maintains said nature in numeral 20 of Article 91 of the current [LOCGRSNCF].
B) for having acted in concert with a third party, where on September 11 and December 23, 1998,
dates where the donations were formalized in the amounts of twenty-five million Bolivares (Bs.
25,000,000, 00) and sixty million sixty thousand Bolivares (Bs. 60,060,000.00) both in favor of Civil
Association Primero Justicia, [Mr.] López Mendoza, served simultaneously as a member of the Board
of Directors of the beneficiary of the donations (Civil Association Primero Justicia) and as the
National Environmental Analyst in the Office of the Chief Economist of PDVSA, in violation of the
"Guidelines on Conflicts of Interest," [...] Conduct that once verified was subsumed in the
assumption of administrative responsibility provided for in paragraph 5 Article 113 of the Organic
Law of the Comptroller [...], in force at the time of the occurrence of the irregularities, fact which
remains valid in numeral 4 of Article 91 of the current [LOCGRSNCF].
[…]
Considering: the severity of the irregular activities, which were the subject of sanction according to the
decision dated October 29, 2004. 240
144. As such, the considerations presented by the Comptroller by way of Resolution 0100-235 (supra para. 81) to impose the sanction for disqualification for six years on Mr.
López Mendoza regarding the facts of the Municipality of Chacao, were:
That by way of the decision dated November 2, 2004, the administrative responsibility [was]
declared, among others, of [Mr.] López Mendoza, [...] in his capacity as Mayor of the Municipality of
Chacao of the State of Miranda, for following fact: For having declared, by way of Resolution No.
148-02 dated October 25, 2002, [...] a partial annulment of the total amount of two thousand seven
hundred forty-three million, four hundred and sixty-four thousand and forty-one bolívares and fiftyseven cents (2,743,464,041.57 Bs) of the budget allocations assigned to Consignment No.
4.07.02.02.04 "Transfer of Capital to Federal Entities," which could not be legally provided, since it
corresponded to the compulsory contributions for the city of Caracas for the fiscal year 2001. This
situation is in violation of the provisions of numeral 5 of Article 22 of the Special Law on the Regime
of the Metropolitan District.
[…]
The severity of the irregular activity committed, sanctioned by way of the decision of administrative
responsibility dated November 2, 2004, […] as well as the reoccurrence of irregular activities have
been the subject of sanctions in the terms mentioned prior. 241
145. Moreover, the Court considers that in response to the motions for reconsideration
that Mr. López Mendoza filed against the resolutions that imposed the respective
disqualification, he was answered with the following in both cases:
240
Resolution N° 01-00-000206 of August 24, 2005, issued by the Comptroller General of the Republic,
supra note 90, folios 397 to 399.
241
Resolution 01-00-235 of September 26, 2005, issued by the Comptroller General of the Republic, supra
note 152, folios 392 and 393.
59
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