Suspension, not dismissal for former Capitol exec

CEBU, Philippines - The Court of Appeals’ Fifth Division has partly granted the appeal filed by the former Cebu provincial budget officer seeking the reversal of the Office of the Ombudsman’s decision dismissing him from service for grave misconduct.

In a 29-page decision penned by Associate Justice Gabriel T. Ingles, the CA reduced the penalty imposed on Emme Gingoyon from dismissal from the service to just one-year suspension without pay.

“It is worthy to note that the herein petitioner has been in government service for more than 28 years. Significantly, there is nothing in the records to show that he has been charged with any infraction or offense committed in relation to his office, much less in his personal capacity,” read the ruling.

“Considering, therefore, the herein petitioner’s length of service, and considering further that this is his first offense, the penalty of suspension for one year without pay is appropriate under the circumstances,” it added.

Ingles said that after Gingoyon has served the suspension, the Capitol offices concerned should restore him to his position as provincial budget officer, unless he would be serving a suspension for some other administrative or criminal complaint filed against him.

The provincial government was also directed that after the expiration of Gingoyon’s one-year suspension without pay, the Capitol should pay back salaries and other economic benefits that were withheld from him.

Gingoyon along with retired provincial assessor Anthony Sususco, former provincial treasurer Roy Salubre, and former provincial engineer Eulogio Pelayre of the Provincial Appraisal Committee, former provincial board member Juan Bolo and former governor and now congresswoman Gwendolyn Garcia were found guilty of grave misconduct over the purchase of the controversial Balili property in Naga City and were ordered dismissed from service.

The 24.9-hectare Balili property, bought for P98.9 million, turned out to be mostly underwater.

The CA has recently reversed an Office of the Ombudsman decision and cleared Garcia from the grave misconduct charge because of the Aguinaldo Doctrine after she got elected as Cebu third district representative in 2010.

Questioning the decision of the Office of the Ombudsman, Gingoyon brought the matter before the CA.

Ingles affirmed that Gingoyon was guilty of grave misconduct but modified the penalty of dismissal from service into one-year suspension without pay.

The CA justice cited Sections 53 (extenuating, mitigating, aggravating, or alternative circumstances) and Section 54 (manner of imposition) of the Uniform Rules on Administrative Cases in the Civil Service to support his decision.

Other government employees cleared from the charges were Technical Working Group members Mariflor Vero, Michelle Languido, Roger Dumayac, and Pilar Yburan; and Sangguniang Panlalawigan Members Victor Maambong, Julian Daan, Wilfredo Caminero, Peter John Calderon, Joven Mondigo Jr., Teresita Celes, Rosemarie Durano, Wenceslao Gakit, Alfred Francis Ouano, and Bea Mercede Calderon.

“Petitioner, as budget officer, had no participation, directly or indirectly, in the negotiation and realization of the said purchase. In fact, at the time of the issuance of the certification, the transaction involving the subject properties had long been perfected; hence, his act of certifying the availability of appropriation would not anymore affect the transaction,” Gingoyon had argued, adding that his act of certifying was done under a proper appropriation measure by the SP.

The Fifth Division, however, was not convinced with Gingoyon’s contention.

 Ingles said that pursuant to Section 475, Article V of Republic Act 7160 (Local Governed Code of the Philippines), Gingoyon, as budget officer, was tasked, among others, “to study and evaluate budgetary implications of proposed legislation and submit comments and reconditions thereon.”  — (FREEMAN)