Ombudsman reaffirms suspension vs. Camarines Norte gov

Published December 10, 2015 10:33am
Updated December 10, 2015 12:31pm

Ombudsman Conchita Carpio Morales has reaffirmed the one-year suspension of Camarines Norte Governor Edgardo Tallado over his refusal to reinstate a provincial veterinarian despite a Civil Service Commission directive.

In a press statement issued Thursday, the anti-graft body said it junked Tallado’s motion for reconsideration insisting on the application of condonation doctrine and denial of due process in his case.

Tallado, Provincial Legal Officer Sim Mata Jr. and Supervising Administrative Officer Mario de la Cruz were earlier ordered suspended by the Ombudsman for Oppression/Grave Abuse of Authority for his willful refusal to comply with the CSC’s order in November 2013 to reinstate provincial veterinarian Edgardo Gonzales.

The new Ombudsman order approved on Dec. 1, 2015 states that “the questioned act persisted even after reelection” and that “records show that Tallado’s defiance of Civil Service Commission’s directive to reinstate Gonzales extended up to his present term of office.”

Tallado to bring case before CA

Tallado, meanwhile, will appeal the Ombudsman order before the Court of Appeals, Camarines Norte public information officer Sherwin Mata said in a telephone interview with GMA News Online.

“The stand of the governor is there are still legal remedies available to him and he will avail of it,” Mata said.

He cited the case of Cagayan de Oro Mayor Oscar Moreno, who brought the Ombudsman decision dismissing him from service before the Court of Appeals and got a status quo ante order.

“Dismissal nga ang order doon pero nakakuha ng status quo ante order. [Gov Tallado] will avail of all remedies available to him. Sabi nga ni gov, it’s not over till it’s over,” he added.

No new arguments

Morales said the respondents “were given the opportunity to be heard” and that “they failed to present grounds or evidence to merit a modification or reversal of the assailed [suspension] order.”

Due to the resignation of Mata in June 2013, his suspension of one year was converted into a fine equivalent to his salary for six month while Dela Cruz was found guilty of Simple Misconduct and ordered suspended for six months without pay, the Ombudsman statement said.

Based on the Ombudsman’s record, Tallado issued a memorandum on Nov. 19, 2012 dropping Gonzales from the rolls over the latter’s alleged unauthorized absences of more than 30 working days from March 1 to Nov. 18, 2012, following his reassignment from the Provincial Veterinary Office to the Provincial Information Office.

The memorandum was implemented on Nov. 26, 2012.

But in its decision, the CSC said Gonzales was able to prove his attendance in the office, including his biometrics log in and log out records.

At the same time, the CSC gave weight to Gonzales' testimony that the copy of the memorandum was served to him only on Jan. 18, 2013, giving him no time to appeal the governor's order. — Amita Legaspi/RSJ/KBK, GMA News

Tags: officeoftheombudsman, edgardotallado