CA reverses Ombudsman’s dismissal order vs ex-MIAA chief | ABS-CBN
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CA reverses Ombudsman’s dismissal order vs ex-MIAA chief
CA reverses Ombudsman’s dismissal order vs ex-MIAA chief
A view of the Court of Appeals building in Manila on August 24, 2022. George Calvelo, ABS-CBN NewsMANILA — The Court of Appeals (CA) has reversed the decision of the Office of the Ombudsman to dismiss former Manila International Airport Authority (MIAA) acting general manager Cesar Chiong and former acting assistant general manager Irene Montalbo.
A view of the Court of Appeals building in Manila on August 24, 2022. George Calvelo, ABS-CBN NewsMANILA — The Court of Appeals (CA) has reversed the decision of the Office of the Ombudsman to dismiss former Manila International Airport Authority (MIAA) acting general manager Cesar Chiong and former acting assistant general manager Irene Montalbo.In the decision of the 13th Division promulgated on March 21, 2024, the court said the Ombudsman's decision lacked factual basis and substantial support in evidence.
In the decision of the 13th Division promulgated on March 21, 2024, the court said the Ombudsman's decision lacked factual basis and substantial support in evidence.
It said that the Ombudsman's finding that Chiong and Montalbo were guilty of grave misconduct, abuse of authority or oppression, and conduct prejudicial to the best interest of the service rested only on 4 of 285 cases of employees reassigned.
It said that the Ombudsman's finding that Chiong and Montalbo were guilty of grave misconduct, abuse of authority or oppression, and conduct prejudicial to the best interest of the service rested only on 4 of 285 cases of employees reassigned.
“Clearly, this is barely a representative of the allegedly affected employees, much more substantial evidence to support the finding of guilt of the charges made against the petitioners,” the CA said in the decision penned by Associate Justice Eleuterio Bathan.
“Clearly, this is barely a representative of the allegedly affected employees, much more substantial evidence to support the finding of guilt of the charges made against the petitioners,” the CA said in the decision penned by Associate Justice Eleuterio Bathan.
The case arose from a complaint filed by unnamed MIAA employees who raised issues about the massive reassignment within the agency.
The case arose from a complaint filed by unnamed MIAA employees who raised issues about the massive reassignment within the agency.
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Chiong and Montalbo were ordered put on preventive suspension in April 2023 and brought the matter to the Court of Appeals with a petition for certiorari and prohibition against the Ombudsman.
Chiong and Montalbo were ordered put on preventive suspension in April 2023 and brought the matter to the Court of Appeals with a petition for certiorari and prohibition against the Ombudsman.
The Ombudsman ordered their dismissal in August 2023.
The Ombudsman ordered their dismissal in August 2023.
Former airline executive Eric Ines was designated acting MIAA general manager in December 2023.
Former airline executive Eric Ines was designated acting MIAA general manager in December 2023.
CA: Ombudsman should have sent complaint to Civil Service Commission
In their petition, Chiong and Montalboargued that the Ombudsman lacked jurisdiction over reassignments in the civil service.
In their petition, Chiong and Montalboargued that the Ombudsman lacked jurisdiction over reassignments in the civil service.
They said that even if it had jurisdiction, the Ombudsman also failed to accurately state its factual and legal basis for the judgment.
They said that even if it had jurisdiction, the Ombudsman also failed to accurately state its factual and legal basis for the judgment.
In its comment, the Ombudsman said Chiong and Montalbo violated the doctrine of exhaustion of administrative remedies, among others.
In its comment, the Ombudsman said Chiong and Montalbo violated the doctrine of exhaustion of administrative remedies, among others.
The CA noted that while the Ombudsman asked for an extension to file its comment on the petition, it issued the assailed dismissal order versus Chiong and Montalbo dated August 1, 2023.
The CA noted that while the Ombudsman asked for an extension to file its comment on the petition, it issued the assailed dismissal order versus Chiong and Montalbo dated August 1, 2023.
“At the very least, the Ombudsman should have referred the complaint to the Civil Service Commission,” the CA said.
“At the very least, the Ombudsman should have referred the complaint to the Civil Service Commission,” the CA said.
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