Ombudsman orders dismissal of 3 Mindanao town mayors, 3 others charged

MANILA, Philippines – The Ombudsman on Thursday ordered the discharge from service of three town mayors and 27 other local officials from Mindanao over grave misconduct, serious dishonesty, gross neglect of duty and conduct prejudicial to the best Interest of the service.

Among those dismissed from service were Cagayan de Oro City Mayor Oscar Moreno, Matanao, Davao del Sur Mayor Vicente Fernandez and Ditsa-an Ramain, Lanao del Sur Mayor Mamintal Adiong. All of them are now barred from running for public office.

On the other hand, those criminally indicted include former Cagayan de Oro City Mayor Vicente Emano, Tandag City Mayor Alexander Pimentel and Isulan, Sultan Kudarat Mayor Diosdado Pallasigue.

Last month, three other mayors, four vice-mayors and 30 other local officials in Mindanao were also indicted for various charges including from violation of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act, malversation, failure to liquidate cash advances and irregularities in the procurement process, among others.

Moreno was found to commit grave misconduct for entering into a settlement agreement with Ajinomoto Philippines without prior authorization from the Sangguniang Panlungsod in violation of RA 7160  or the The Local Government Code, according to the ruling approved by Ombudsman Conchita Carpio-Morales on October 6.

The settlement agreement allowed Ajinomoto to pay P300,000 instead of its original local business tax deficiency of P2.9 million.

The Ombudsman decided that the approval of the agreement by the court cannot, in any way, legitimize the acts of Moreno. He was fired from service together with officer-in-charge of the Treasurer’s Office, Glenn Bañez.

On October 5, Morales also approved dismissal from service of Fernandez for grave misconduct. He is also facing criminal charges for the murder of of a journalist, was found to have been discharging his functions as mayor even while in detention.

These functions include issuing office orders, business permits and appointments, and signing official documents, among others. He was also criminally indicted for violation of Article 177 of the Revised Penal Code or the Usurpation of Official Functions.

The third Mayor sacked was found guilty of grave abuse of authority, grave misconduct and oppression for ordering the burning of a truck owned by JERA General Construction based on the ruling approved on September 17. Witnesses testified that Adiong gave the order to burn the truck.

Meanwhile, the Ombudsman indicted Emano on September 22 over his willful refusal to implement a final and executory decision of the Civil Service Commission (CSC), in violation of the Revised Administrative Code of 1987.

The case arose when Administrative Assistant III Leonor Esparcia transferred and detailed to the city library as watchman, leading to the diminution of her rank or status.

Aggrieved, Esparcia challenged her transfer before the CSC which decided that she should be restored to her original position. Emano failed to file an appeal and refused to implement the CSC directive.

Pimentel on the other hand was charged with violation of Section 3(e) of RA 3019 or Anti-Graft and Corrupt Practices Act, for not paying member of the Sangguninang Panglungsod, Mario Cuartero the total amount of P485,369.24 representing the Cuartero’s salaries, allowances and bonuses for the period July 2010 to June 2011.

Meanwhile, Pallasigue was charged for violating Sections 3(e) and 3(f) of RA 3019 for willfully and deliberately refusing to implement the return to work order, issued by the CSC in favor of Municipal Planning and Development Coordinator Elias Segura,Jr. in March 2014.

Pallasigue was discovered to have acted with bias and evident bad faith in refusing to implement lawful orders from competent authorities without justifiable cause.