Ex-Davao Oriental mayor fined for failure to implement Ombudsman dismissal order

The Office of the Ombudsman has penalized former Lupon, Davao Oriental Mayor Domingo Lim for his alleged refusal to adhere to the anti-graft body's order to dismiss several municipal employees in 2015.

The Ombudsman fined Lim to a penalty equivalent to his one month's salary after finding him guilty for simple neglect of duty.

The case stemmed from Lim's failure to implement the dismissal order against then-employees Zaldy Cole, Jonel Delmonte, Renato Lanos, Rhulan Patiño Sr., Romeo Rosauro, and Sani Hanani despite being reminded twice on its repercussions.

Ombudsman Conchita Carpio Morales said Lim has "no reason to defer the implementation of the dismissal order" given its immediately executory nature.

"His failure to execute the administrative sanction is a ground for disciplinary action,” Morales said.

In his counter-affidavit, Lim claimed that he merely exercised prudence when he sought the legal opinion of the Deputy Ombudsman for Mindanao. He also cited "grey areas" in the dismissal order.

The Ombudsman, however, said all local government officials are mandated to follow sanctions imposed against their erring employees.

“The disciplinary authority of the Office of the Ombudsman does not end with a recommendation to punish, but goes further as to directly impose the appropriate sanctions on the erring public officials and employees, like removal, suspension, demotion, fine, censure or criminal prosecution," the decision said. 

"The imposition of administrative sanctions is not merely advisory or recommendatory but mandatory,” it added.

The Ombudsman said all officials who are suspended for more than one month can still appeal their case before the Court of Appeals.

Nonetheless, it said the appeal "shall not stop the decision from being executory and the implementation of the decision follows as a matter of course."

“It is clear from the provision that when a public official has been found guilty of an administrative charge by the Office of the Ombudsman and the penalty imposed is suspension of more than a month, just like in the present case, an appeal may be made to the Court of Appeals," the Ombudsman said.  —KBK, GMA News