BACOLOD City – A Supreme Court division affirmed the decision of the Court of Appeals to reverse an Office of the Ombudsman order dismissing Mayor Evelio “Bing” Leonardia and eight city government workers from public service over an allegedly anomalous purchase of furniture and fixtures at city hall in 2008.
The Ombudsman, which filed a petition for review on certiorari assailing the Court of Appeals decision, failed to show that the appellate court “committed any reversible error” in its decision, the high court’s Third Division said in a resolution dated April 25, 2018.
In light of the Supreme Court ruling, Leonardia issued on Monday a memorandum reinstating effective the same day the employees the Ombudsman dismissed, said City Legal Officer Joselito Bayatan.
The Ombudsman issued the resolution ordering the dismissal of Leonardia and eight city hall employees on Dec. 2, 2016.
The anti-graft body found them guilty of grave misconduct, gross neglect of duty, and graft in connection with the purchase of furniture and fixtures worth P50 million for the Bacolod City Government Center in 2008. The Field Investigation Office of the Office of the Ombudsman Visayas filed the complaint.
Leonardia and the eight employees, in separate appeals, asked the Court of Appeals to reverse the Ombudsman order. The appellate court granted the appeals on Sept. 6, 2017. Prior to this, Leonardia managed to secure a temporary restraining order against his dismissal while the eight employees were dismissed.
The Court of Appeals fully cleared the following of charges: Leonardia, then Bids and Awards Committee (BAC) chairman Goldwyn Nifras, former budget officer Luzviminda Treyes, BAC member Nelson Sedillo Sr., and former BAC Technical Working Group members Jaries Encabo, Belly Aguillon and Aladino Agbones.
BAC Secretariat head Melvin Recabar and BAC Technical Working Group member Eduardo Ravena were found guilty of simple misconduct only. Their penalty was reduced to three months of suspension without pay.
“The [Supreme Court Third Division] resolves to deny the petition for failure to sufficiently show that the appellate court committed any reversible error in the challenged decision and resolution as to warrant the exercise by this Court of its discretionary appellate jurisdiction,” the high court said.
According to the Supreme Court, its division’s ruling “has on July 27, 2018 become final and executory.”
Public employees completely exonerated from charges are entitled to their full back wages and reinstatement, while those whose penalty was reduced may be entitled to reinstatement without full back wages, Bayatan said, citing the jurisprudence “Civil Service Commission vs. Richard G. Cruz” dated Aug. 9, 2011.
“Recabar and Ravena are not entitled to back wages, only reinstatement,” Bayatan said. “The rest of the employees other than those who may have already retired during the pendency of the case are entitled to reinstatement with full back wages.”/PN
