CABANATUAN CITY – The office of the Ombudman has suspended two Nueva Ecija mayors for 60 days each for allegedly removing chiefs of offices in their respective municipalities after winning the 2010 elections.
Dr. Abraham Pascua, provincial director of the Department of Interior and Local Government (DILG), implemented on Friday the suspension order against Mayor Cesario Lopez, Jr. of San Isidro and Mayor Quintino Caspillo Jr., of Talugtog.
Pascua said the implementation went orderly with Lopez himself receiving the Ombudsman order, which also denied him of salaries in the duration of the suspension.
On the other hand, Caspillo accepted the order despite absence in his office at the time it was served.
Pascua described the take-over by Paez and Pagaduan as “smooth and peaceful” as there was no untoward incident that marred the suspensions. He refused to comment on the twin orders, saying these are based on the appreciation of the Ombudsman.
“We were just tasked to implement the orders and nothing else so it’s beyond us to comment on the orders,” he said.
He also said the twin orders are immediately executory even if there is any motion, appeal or petition that may be filed by Lopez and Caspillo. “The motions do not stay the execution of the orders,” he said.
The suspensions were the offshoot of the orders made on November 23 and 24, 2010 by Deputy Ombudsman for Luzon Mark Jalandoni which were subsequently approved by then-Ombudsman Ma. Merceditas Gutierrez placing Lopez and Caspillo under preventive suspension.
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 implement the orders based on the latest order from Assistant Ombudsman Rolando Zoleta.
The preventive suspensions stemmed from the complaint for grave misconduct and conduct prejudicial to the service filed against Lopez and a separate complaint for grave misconduct, oppression and conduct prejudicial to the best interest of the service against Caspillo.
The complaint against Lopez, who won in the May 2010 elections against former two-term mayor Sonia Lorenzo, was filed by former municipal assessor Elmer Garcia of Barangay Malapit, San Isidro.
In his complaint, Garcia said he was appointed municipal assessor by Lorenzo on December 12, 2005 but Lopez “constructively dismissed” him from the post in a memorandum circular issued on July 19, 2010, less than a month after Lopez assumed his post. The circular directed the most senior career officer in Garcia’s office to take his place.
In his complaint, Garcia claimed Lopez ordered the municipal treasurer, municipal accountant and human resource management officer to withhold his salaries and benefits and his name struck out from the payroll.
In giving due course to Garcia’s complaint, the Ombudsman cited the grounds for the issuance of the preventive suspension on the grounds that the evidence against the respondent is strong as it involves dishonesty, oppression, grave misconduct among others, the charge would warrant removal from the service and the respondent’s continued stay in office may prejudice the case filed against him.
In its ruling, the Ombudsman said Garcia has shown that he was issued a valid appointment which has not been revoked or declared invalid and which was affirmed by the Civil Service Commission.
But in spite of this, Lopez refused to allow him to discharge his functions which, it said, may amount to oppression as “it appears there is excessive use of authority and domination on his (Lopez’s) part.”
The complaint against Caspillo was filed by former municipal engineer Leonides Esperon of Osmeña District, Talugtug.
In his complaint, Esperon said he was municipal engineer since July 15,2003 but when Caspillo assumed office, the latter placed him on floating status and replaced him on July 5,2010 with engineering assistant Wilson Nimenzo as officer-in-charge without any reason.
He claimed that Nemenzo came from the private sector and was a neophyte in government.
Esperon further lamented that he was deprived of his representation and travelling allowances (RATAs) for July and August 2010 which were instead given to Nemenzo who even directed him to discharge some other functions.
Esperon, in his complaint, also claimed that Caspillo publicly bragged that he was not afraid of any complaint lodged by the former because “I have many connections in the Office of the Ombudsman.”
