CA: Dismissal order vs. Palawan mayor, son not immediately executory 

The Court of Appeals (CA) has ruled that the decision of the Office of the Ombudsman to remove Puerto Princesa City Mayor Lucilo Bayron and his son from government service over administrative offenses is not immediately executory. 

In a resolution dated February 9, the CA Eighth Division declined to act for now on Bayron's plea for a temporary restraining order against the Ombudsman's decision last month. 

"In actual fact, the dismissal is not immediately executory. For one thing, the assailed decision is devoid of any directive to the effect that the order of dismissal is immediately executory," the CA said through Associate Justice Japar Dimaampao.

The appellate court noted that "there is no convincing or telling proof" that the Ombudsman directed or requested the Department of Interior and Local Government (DILG) to implement the dismissal order handed down by Ombudsman Conchita Carpio Morales.

"Such alleged request or directive is a bare assertion barren of weight and significance," the resolution stated.

The CA also advised Bayron to just wait for the Ombudsman's action on his appeal. 

Mayor Bayron and his son Karl have been found guilty of grave misconduct and serious dishonesty after the Ombudsman found out that the former hired the latter to head an environmental task force without disclosing their biological relationship.

Investigation showed that Lucilo entered into a contract of service with Karl and hired his son as a project manager of Bantay Puerto-VIP Security Task Force from July 1 to December 31, 2013. 

The contract stated that Karl “is not related with the fourth degree of consanguinity or affinity with the hiring authority.”

While Mayor Bayron argued that the position was non-plantilla and non-career and highly confidential in nature, the Ombudsman said it was still necessary to disclose their relationship.

Apart from their dismissal, the Ombudsman also ordered the forfeiture of their retirement benefits and barred them from holding public office again.

Complainant Aldrin Madreo has earlier written the DILG, asking it to implement the Ombudsman's dismissal order. — MDM, GMA News