CEBU CITY — The Office of the Ombudsman has upheld its decision to suspend Mandaue City Mayor Jonas Cortes for one year without pay, rejecting his appeal.
The suspension stems from charges of Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service. The Ombudsman found Cortes guilty for appointing Camilo Basaca Jr. as officer in charge (OIC) of the City Social Welfare Services Office (CSWSO) in violation of civil service rules.
The decision, made on August 12, 2024, cited that Basaca, who was appointed in July 2022, only held a coterminous position as Executive Assistant II at the time and lacked the permanent appointment required for the role.
Although Basaca later secured a permanent position as Community Affairs Officer IV in January 2023, the initial appointment still breached regulations stipulating that career service positions must be filled by permanent appointees.
The Ombudsman said that all designations, even temporary ones, must adhere to established rules.
Cortes argued that he had not received a copy of the complainants' position paper, claiming a due process violation. He also contested the Ombudsman's jurisdiction, asserting that the Civil Service Commission (CSC) should have handled the matter instead, as it related to personnel designation.
Furthermore, Cortes maintained that his authority as mayor allowed him to assign Basaca temporarily as OIC under his discretionary powers.
In response, the complainants said that Cortes had received the position paper during a clarificatory hearing on June 7, providing him ample time to review and respond.
They also defended the Ombudsman's jurisdiction, noting its authority to address the issue based on the evidence, irrespective of the CSC's role.
The Ombudsman rejected Cortes' arguments, pointing out that Basaca's appointment in July 2022 was improper due to his co-terminous status as Executive Assistant II.
The decision stressed that even temporary designations must comply with civil service regulations, and Cortes' failure to adhere to these rules demonstrated a 'flagrant disregard' of established procedures.
While the penalty for Grave Misconduct is usually dismissal, the Ombudsman opted for a one-year suspension, citing the absence of corruption charges.
The Ombudsman also affirmed its jurisdiction, ruling that it could impose administrative penalties based on its findings, even if the CSC had parallel authority.
In cases of separation from service, the penalty would convert to a fine equivalent to one year's salary, deducted from any receivables or accrued leave credits. The Ombudsman's ruling, issued on September 30, confirmed that the suspension would stand.
Additionally, the mayor has been dismissed from service following another Ombudsman ruling for failing to regulate an unpermitted batching plant in Mandaue City. This decision also includes his permanent disqualification from public office.
Cortes, who is running for reelection in next year's elections, has denied the charges, claiming they are politically motivated.
However, in October, he was granted a temporary restraining order by the Supreme Court, halting his disqualification by the Commission on Elections.