Borbon VM wins CA rulings, to return to his post

CEBU, Philippines —  Borbon Vice Mayor Noel Dotillos is heading back to the municipal hall after the Court of Appeals overturned the dismissal order for grave misconduct earlier issued by the Office of the Ombudsman.

In an 11-page decision promulgated February 12, 2026, the appellate court’s 20th Division granted Dotillos’ petition for review and nullified the Ombudsman’s July 18, 2025 ruling that ordered his dismissal from government service.

The case stemmed from administrative charges involving the release of a P570,000 anniversary bonus to municipal employees in 2019 and the hiring of his wife under a contract of service without prior authorization from the Sangguniang Bayan (SB).

CA says: no grave misconduct

In its ruling, the CA held that there was no substantial evidence to establish the elements of grave misconduct.

The court stressed that for an act to constitute grave misconduct, there must be proof of corruption, clear intent to violate the law, or flagrant disregard of established rules.

It found that these elements were not present in Dotillos’ case. “After a careful review of the case records, We find the petitioner to be absolved of the charge of Grave Misconduct,” the decision read.

The charges partly arose from the release of a P10,000 anniversary bonus to municipal employees on March 28, 2019, following the passage of Resolution No. 75 by the Borbon Sangguniang Bayan.

The Ombudsman had ruled that the bonus, totaling P570,000, was released without a proper appropriation ordinance as required under Section 344 of the Local Government Code.

However, the CA found that Dotillos acted in "good faith" when he authorized the release of the bonus.

Records showed that Dotillos relied on Obligation Requests signed by department heads and on a certification of the existence of available appropriation issued by the municipal budget officer.

The court also noted that the Independent Auditor’s Report and Executive Summary for calendar year 2019 did not reflect any adverse audit finding or notice of disallowance related to the bonus.

While the appellate court acknowledged that Resolution No. 75 did not have the legal effect of an appropriation ordinance, it ruled that Dotillos’ reliance on official documents and certifications did not amount to grave misconduct.

If anything, the court said, it may have been an error of judgment, but not one attended by corrupt motive or willful intent to violate the law.

"We stress, that these documents alone do not, by themselves, constitute Grave Misconduct. There is no showing of petitioner's corrupt motives, and there is no willful intent on the part of petitioner to violate the law and to personally gain from such disbursement," a portion in the document read.

The second issue involved Dotillos’ hiring of his wife, Dr. Corazon Dotillos, as municipal health officer under a contract of service dated April 15, 2024, covering the period from April 18 to October 18, 2024.

The Ombudsman had found him administratively liable for entering into the contract without prior authorization from the Sangguniang Bayan, in violation of Section 22(c) of the Local Government Code.

The CA, however, ruled that the subsequent passage of Resolution No. 186 on October 7, 2024 effectively ratified the contract.

The court explained that ratification amounts to confirmation after the act, serving as a substitute for prior authority. In passing Resolution No. 186, the Sanggunian voluntarily adopted and confirmed the contract of service, the decision stated.

Thus, no substantial evidence was presented to show that Dotillos acted with corruption, willful intent to violate the law, or flagrant disregard of established rules, declared the appellate court.

Jurisdiction upheld

The CA also brushed aside arguments that it had no jurisdiction over the petition. It noted that Dotillos received the Ombudsman’s decision on October 25, 2025 and filed a motion for reconsideration within the reglementary period.

When the Ombudsman failed to resolve the motion within the prescribed time, Dotillos withdrew it and filed a petition for review before the CA.

The court ruled that the filing of the petition was well within the 15-day period allowed under the Rules of Court.

Respondent Emar Bascon Cuico had argued that the withdrawal of the motion for reconsideration rendered the Ombudsman’s decision final and executory, but the CA described the argument as “preposterous.”

“ACCORDINGLY, the instant Petition for Review is GRANTED,” a portion of the decision read.

Earlier ombudsman ruling

In its July 18, 2025 decision, signed by then Ombudsman Samuel Martires, Dotillos was found guilty of grave misconduct and ordered dismissed from government service.

The penalty carried accessory sanctions including cancellation of eligibility, perpetual disqualification from holding public office, forfeiture of retirement benefits, and a bar from taking civil service examinations.

Should dismissal no longer be enforceable, the penalty would have been converted into a fine equivalent to one year salary.

The complaint was filed by Borbon resident Emar Bascon Cuico against Dotillos and other municipal officials.

As of press time, Dotillos had yet to issue an official statement but earlier posted on social media: "You will always win when you move with genuine intent. To God be the Glory." (CEBU NEWS)