Ombudsman suspends Bulacan mayor for abuse of authority

MANILA, Philippines - The Office of the Ombudsman announced yesterday the suspension for six months of a town mayor of Bulacan, who was found guilty of illegally demoting a municipal budget officer to market administrator in May last year. 

Ombudsman Conchita Carpio-Morales signed the decision last Nov. 19 after the anti-graft agency found merit in the complaint filed by Yolanda Ervas against Norzagaray Mayor Feliciano Legaspi.

The case stemmed from Legaspi’s decision to reassign Ervas without consideration for her level of education and qualifications, including the diminution of her salary.

In her complaint, Ervas said that prior to her demotion, she wrote a letter to Legaspi expressing  her observations on overspending and realignment of funds by certain municipal offices without prior approval by the Sangguniang Panlalawigan. 

Last May 12, she said she received an order from Legaspi reassigning her to the Norzagaray Public Market citing “the exigency of the service and in the interest of public trust.” 

Ervas said she had a Salary Grade of 24, Step 6 as budget officer while her new position has a Salary Grade of 18, Step 2. 

She noted that the person who replaced her, Pacita Espiritu, was an administrative assistant with a Salary Grade of 10, Step 2 and only finished a two-year secretarial course. 

In her ruling, Morales said the complainant’s reassignment was “tainted with malice and bad faith, in view of the disparity in the status, qualifications and functions between the two positions.” 

While she agreed that reassignments are a prerogative of the local chief executive and may be done in the exigency of service, she said “such reassignment, to be valid, must not involve a reduction in rank, status or salary in line with the mandate of Executive Order No. 292, or the Administrative Code of 1987.”