Posted by By PNA and U.S. News Agency / Asian
The municipal mayors of San Isidro and Talugtog in this province have been suspended from holding public office for 60 days by the Office of the Ombudsman for alleged violation of civil service rules and regulations.
Slapped with the preventive 60-day suspension orders effective Friday were Mayor Cesario Lopez Jr. of San Isidro and Mayor Quintin Caspillo Jr. of Talugtog.
The twin suspension orders stemmed from the complaint for grave misconduct prejudicial to the service filed against the two local executives.
The Ombudsman’s suspension order was enforced by Dr. Abraham Pascua, Department of Interior and Local Government (DILG) provincial director for Nueva Ecija, and lawyer Myron Cunanan, DILG regional legal officer for Central Luzon.
Pascua reported the “smooth and peaceful” implementation of the suspension orders on Lopez and Caspillo and the subsequent installation of Vice Mayors Edgardo Paez Jr. and Floro Pagaduan Jr., as acting mayors of San Isidro and Talugtog, respectively.
Pascua emphasized that “the twin orders were immediately executory even if there is any motion, appeal or petition thereto” filed by the two mayors.
The suspension orders for Lopez and Caspillo came about after the conduct of investigations made on November 23 and 24, 2010 by Deputy Ombudsman for Luzon Mark Jalandoni, which were consequently approved by then Ombudsman Ma. Merceditas Gutierrez.
However, it was only on May 27, 2011 when DILG Undersecretary Austere Panadero issued a memorandum directing the DILG regional office under Director Florida Dijan to enforce the orders based on a recent order from Assistant Ombudsman Rolando Zoleta.
The case against Lopez was for alleged grave misconduct and conduct prejudicial to the service filed by former San Isidro Municipal Assessor Elmer Garcia, who said he was “constructively dismissed” from his post by way of a memorandum circular dated July 19, 2010, barely a month from Lopez’s assumption in office as mayor, and the taking over of his position by the most senior career officer.
Records showed that Lopez won over former two-termer Mayor Sonia Lorenzo in the May 2010 elections.
Also, Lopez had directed the municipal treasurer, municipal accountant and human resource management officer to withhold Garcia’s salaries and benefits and his name stricken off the payroll.
Noting that Garcia possessed “a valid appointment” which has not been revoked or declared invalid and which was affirmed by the Civil Service Commission, the Ombudsman said Lopez’s refusal to allow Garcia to discharge his official duties may amount to oppression as “it appears there is excessive use of authority and domination on his (Lopez’s) part.”
Meanwhile, Mayor Caspillo’s complainant, former Municipal Engineer Leonides Esperon, who held his post since July 15, 2003, said he was placed on a “floating status” on July 5, 2010.
Esperon had been replaced by engineering assistant Wilson Nimenzo as officer-in-charge “without any valid reason.”
Esperon had also been deprived of his representation and travelling allowances (RATAs) for July and August 2010 which were instead given to Nimenzo. He added that Nimenzo even directed him to discharge some other functions.
Noting the absence of proof that OIC Nimenzo was already an organic personnel of the municipal government at the time of his designation as OIC municipal engineer, the Ombudsman cited a Supreme Court ruling “that a designated OIC is considered merely as a caretaker of the office while the regular incumbent is on leave of absence.”
Adding that there was no showing Esperon was temporarily incapacitated to discharge his duties which would require the designation of an OIC for his post, the Ombudsman described Nimenzo’s designation as “precipitous” which may constitute oppression or abusive use of authority.
