Nueva Ecija town mayor suspended

CABANATUAN CITY , Philippines – The Office of the Ombudsman has suspended for one year a municipal mayor in Nueva Ecija for demoting the municipal social welfare and development officer in his town in violation of civil service rules and regulations. 

Slapped the maximum suspension without pay in an 18-page decision by Deputy Ombudsman for Luzon Francis Jardeleza and approved by Ombudsman Conchita Carpio-Morales was Mayor Quintino Caspillo Jr. of Talugtug town.

Anjuli Larla Tan-Eneran, graft investigation and prosecution officer, investigated the complaint and found Caspillo guilty of conduct prejudicial to the best interest of the service and oppression. 

Florida Dijan, Central Luzon director of the Department of the Interior and Local Government, has instructed Abraham Pascua, assistant regional director and concurrent DILG provincial director for Nueva Ecija and lawyer Myron Cunanan to implement the Ombudsman’s order and install Vice Mayor Floro Pagaduan Jr. as acting mayor in place of Caspillo.

Caspillo’s suspension stemmed from a complaint filed against him in 2010 by municipal social welfare and development officer Francis Jean Ramos.     

Ramos alleged that when Caspillo assumed the mayorship on July 1, 2010 following his victory in the May 2010 elections, he immediately and “without reason” removed her from her post and transferred her to the office of the municipal treasurer as revenue collection clerk 2.

She said Caspillo then designated in her place Venus Concepcion who she alleged was the mayor’s first cousin.

And ordered the municipal accountant to disburse the RATA (representation allowance and transportation allowance) allocation of her office to Concepcion.

Ramos said her reassignment as clerk was a demotion and was done against her will contrary to civil service laws, rules and regulations and a violation of Section 19 of the Implementing Rules and Regulations of Republic Act 9433.She argued that Concepcion’s designation as acting MSWDO violated the constitutional prohibition against nepotism.

The complainant said these acts of Caspillo were done apparently in retaliation against her because she allegedly campaigned for her relative, then-vice mayor Reynaldo Cachuela. She further claimed that the mayor would often humiliate and castigate her in public.

In his counter-affidavit, Caspillo claimed that Ramos illegally engaged in partisan political activity during the elections, campaigning for Cachuela by using the resources of the municipal social welfare and development office.

He said while a fact-finding committee was investigating Ramos, he found it necessary to temporarily reassign her and appoint an OIC-MSWDO to ensure free access and availability of records in her office.

Caspillo said Ramos was not demoted and that the RATA allocation was attached to the office, not to her as MSWDO and therefore, she cannot claim it since it would accrue to the one holding the position.

Ramos, in her reply to Caspillo’s counter-affidavit said that the latter did not dispute her reassignment. She denied engaging in partisan political activity since her religion – the Iglesia Ni Cristo – prohibits the same.

Ramos said the charges against her were baseless and the testimonies of Concepcion and municipal administrator Primo Dario Sabado were biased because they both owe allegiance to Caspillo.

Ramos said when she filed the complaint against Caspillo, the latter also preventively suspended her for 90 days, which, she said, violated the Local Government Code. Worse, she said, no single hearing was set during her preventive suspension, denying her due process.

She further stated that she was not the only one aggrieved by Caspillo who also removed municipal engineer Leonides Esperon, prompting the latter to file criminal and administrative charges against the mayor before the Office of the Ombudsman. Subsequently, the Ombudsman preventively suspended Caspillo in July 2011 and designated Pagaduan as acting mayor. Caspillo was reinstated in August of the same year.

In imposing the one-year suspension of Caspillo, the Office of the Ombudsman cited various jurisprudence and ruled that Ramos’ reassignment as revenue collection clerk was indeed a demotion from her item, which involves a reduction of her rank from a head of office to that of a rank-and-file employee.

“Undoubtedly,the reassignment of the complainant (Ramos) was issued by the respondent (Caspillo) with grave abuse of discretion,” it said.

It also found Caspillo guilty of conduct prejudicial to the best interest of the service, saying the reassignment of Ramos denied the municipality the committed service of a former MSWDO.

“It is worthwhile to take note that the position of MSWDO is one that has a great impact upon the lives of the less privileged members of the community, especially in the outreach services extended by the said office,” it said.

“The law does not tolerate misconduct by a civil servant. The respondent’s acts in question undoubtedly violate the norm of decency and diminish or tend to diminish the people’s respect for those in the government service. When an officer or employee is disciplined, the object is the improvement of the public service and the preservation of the public’s faith and confidence in the government,” it further stated.

On the other hand, the anti-graft body cleared Caspillo of the crime of grave misconduct, saying there is no showing he did it intentionally or deliberately.