For one year due to grave misconduct: Ombuds suspends Cortes

CEBU, Philippines — Mandaue City Mayor Jonas Cortes was suspended for one year without pay after he was found guilty of grave misconduct and conduct prejudicial to the best interest of the service, the Office of the Ombudsman stated in its Aug. 12 decision that was released yesterday.

This, as Cebu Governor Gwendolyn Garcia said she is not fazed by the “threat of suspension” in protecting the Cebu Provincial Capitol building, a historical landmark.

In her State of the Province Address (SOPA) on Aug. 20, Garcia mentioned that the Cebu Provincial Government continues to preserve its heritage and culture by ordering proponents of the Cebu Bus Rapid Transit (CBRT) to cease work on the bus stations fronting the Capitol building, because of the threat of defacement.

Her move prompted Cebu City Mayor Michael Rama, who is currently serving a six-month preventive suspension, to file a complaint against her before the Office of the President (OP).

He alleged that the governor is meddling with city’s project which is not under the province’s jurisdiction.

“This someone is furious that this governor decided to protect this declared national historical landmark,” Garcia said, in her speech.

The Office of the President has denied Rama’s request that she be suspended, due to lack of merit.

“Be that as it may, dear someone, no threat of suspension of this governor will stop me from demanding what is due the Cebuanos under the law and as our cultural heritage,” Garcia said,

Not related to corruption

In the case of Cortes, Mandaue City Administrator Jamaal James Calipayan emphasized that his (Cortes) suspension is not in any way related to corruption.

“Dili gyud ni issue sa corruption. This is something that the mayor believed in good faith for the good of his administration, for the good of Mandaue,” he said.

He mentioned that the mayor, who was in Manila yesterday, is very saddened by this decision.

“He was not surprised. But. of course, he was very sad of what happened kay para namo Mayor Jonas is trusted by the constituents of Mandaue. There is no corruption issue. Akoa lang ni i-point out nga kani nga suspension dili tungod nanghilabot siya og public funds. Nagbuhat lang siya para unsay kaayuhan sa siyudad,” Calipayan said.

This was supported by the dispositive portion of the Ombudsman decision, which read, “(W)hile the penalty for Grave Misconduct is dismissal from the service even on the first offense, the Office notes that there was neither allegation nor was it found that the irregular designation of respondent Basaca was attended with elements of corruption.”

In his official statement released early last night, Cortes said he will pursue all legal avenues available to him and he assured the people of Mandaue that the decision has not, in any way, dissuaded him from standing up for them.

“While the ruling presents a significant challenge, I remain resolute in my dedication to Mandaue and its people. We will pursue all legal avenues available to contest this decision, ensuring that our commitment to service remains strong and unbroken,” he said.

“Rest assured, we will not waver. Our fight for justice and the well-being of our fellow Mandauehanons will continue, grounded in our shared values and enduring trust. Thank you for standing with us as we navigate this difficult path,” he added.

The Ombudsman decision stemmed from Cortes’ designation of Mr. Camilo Basaca as head of the City Social Welfare Services Office (CSWSO).

Sereno Gabayan Monsanto, Rosimay Cali Caling, and Annabel Dela Cerna Andebor field the complaint against Cortes and Basaca, claiming that the designation of Basaca violated Section 483 of Republic Act No. 7160 (Local Government Code of 1991).

The three said Basaca does not possess the required eligibility and qualifications for the position, as he is not a duly licensed social worker and has not acquired experience in the practice of social work for at least five years.

Cortes and Basaca denied the allegations against them in their joint counter-affidavit and maintained that the designation of Basaca as CSWSO officer-in-charge was compliant with the existing rules and regulations governing designations.

Basaca also claimed that he had acquired at least five years of experience in the practice of social work before his questioned designation as he was serving as the Lead Community Focal Person in KAABAG Mandaue since 2017.

KAABAG Mandaue is a socio-civic non-government organization that represents and caters to multiple sectors, such as women and children, persons with disabilities, elders, members of the LGBT community and youth.

The Ombudsman said that the certifications issued by KAABAG Mandaue and the city administrator of Mandaue failed to prove that Basaca has, indeed, earned the required number of years in the field of social work.

The certifications, it said, may be even considered as self-serving as KAABAG Mandaue was founded by Cortes.

The Ombudsman further ruled that the designation of Basaca as CSWSO officer-in-charge was “highly irregular and violated pertinent civil service rules and regulations and other applicable laws.”

“Evidently, the act of respondent Cortes in designating respondent Basaca as OIC-CSWSO, despite of the latter's failure to meet the qualification requirements and non-compliance with the provisions of the pertinent civil service rules and regulations, shows that there is clear intent to violate the law and flagrant disregard of established rule,” it said.

In his press statement, Cortes admitted that the Ombudsman decision has bothered him, but he maintained his belief in the qualifications of Basaca.

“The Ombudsman's decision on the administrative case involving myself and Mr. Camilo Basaca, our previous CSWSO OIC, is a matter of deep concern. This is not just a difficult personal moment for me but a challenge that touches everyone who has dedicated themselves to serving our city,” said.

“My decision to designate Mr. Basaca was rooted in a commitment to enhance the services of the CSS. His extensive experience and unwavering dedication were seen as vital to our mission of serving the people of Mandaue. Every decision I make is grounded in what will best serve our community, and this was no exception,” he added.

The Office of the Ombudsman, though, specifically states when will Cortes should serve his suspension order.

On the other hand, it also dismissed for “insufficiency of evidence” the administrative complaint against Basaca.

Calipayan said that as long there is no order yet from any implementing agency as to the start of the suspension, Cortes will continue to function as city mayor.

“The mayor designated Basaca in good faith. Makita nato nga efficient ang CSWSO and there is no detriment to the service to the constituents sa serbisyo nga ilang gi expect,” Calipayan further said.

“Gibutang ni mayor si Basaca sa CSWSO because he believed he can do a better job, in the exigency of service,” he added.

Calipayan said it is their position that the penalty imposed on Cortes is too harsh, so they would exhaust all legal remedies “with a fervent hope of reversing the said decision.”

Wait-and-see approach

Meanwhile, Rama, who is into the third month of his six-month suspension, told The Freeman he is adopting a wait-and-see approach as to what would happen next.

“I have heard about…Yes…Pero huwat lang ta’g unsa gyuy tinuod ana,” he said.

His suspension, also ordered by the Office of the Ombudsman, was due to the complaint filed by regular Cebu City Hall employees who did not receive their salary for 10 months.

He stressed that his situation is a “preventive suspension” as the complaint against him is still being heard by the Office of the Ombudsman.

“Gi-punish na man ko., gidiretso na man ug suspended…. Lahi gyud na,” Rama said.

He, however, considered his preventive suspension a blessing in disguise, as it gave him more time for his family and at the same time a “clearer picture” of his fellow workers at City Hall.

“Blessing in disguise pero sakit lang, sakit lang. Wa gud sa, pero pakasad-on ka. Ang uban na-lifted na, pero ikaw wa gihapon…. Now, pasalamat ko sa Ginoo, nga positive-negative, positive-negative. As I have said, nahimong positive, nakita gyud nuon nako, let’s see the scattered, kita natong katag,” Rama said.

“Naa niy linundagan, mahuman ra ning tanan…All of these are just a consequence, dili nimo ibutang sa imong kasingkasing kay muapekto unya sa imong lawas. This, too, shall pass” Rama said.

A day after his interview over radio dyHP the other day, Rama learned about the Supreme Court’s (SC) prompt action on his petition to reverse the preventive suspension imposed on him and seven other officials of Cebu City Hall.

On Aug. 20, the SC En Banc, during its session, required Ombudsman Samuel Martires and Department of Interior and Local Government (DILG) Secretary Benjamin Abalos, Jr. to file their comments.” — Caecent No-ot Magsumbol/RHM (FREEMAN)