Ombudsman bars ex-Albay governor Rosal from public office

Akbayan partylist group troop to the office of the Ombudsman to award a symbolic medal of Valor to Ombudsman Conchita Morales during a gathering in front ot eh agency's gate, October 4, 2017. Jonathan Cellona, ABS-CBN News

Paige Javier

ABS-CBN News

MANILA &ndash; The Office of the Ombudsman has dismissed from service and permanently disqualified from holding public office former Albay governor Noel Rosal over the reassignment of several department heads when he assumed office in June 2022.The suspension stemmed from the complaint filed by Adrian Nacion Loterte on November 2022.In the 22-page resolution dated August 29, but only released Thursday, the Ombudsman found Rosal guilty of Grave Misconduct, Oppression, and two counts of Conduct Prejudicial to the Best Interest of the Service.In case the penalty of suspension or dismissal can no longer be enforced, it shall be converted into a fine equivalent to their basic salary for 12 months.The Ombudsman cited Section 13 (a) of the 2017 Omnibus Rules on Appointment and Other Human Resource Actions where &ldquo;a diminution in rank, status or salary is enough to invalidate such a reassignment.&rdquo;&quot;It is clear that Baclao, Rebeta and Sipin were unceremoniously deprived of their powers of supervision over the employees who are part of their staff and their subordinates, this resulting in the diminution of their status as Department Heads,&quot; it said.&quot;The fact that they were later on reinstated to their former positions does not erase the truth that they were invalidly reassigned,&quot; it added.The Ombudsman also said Rosal did not state the duties and responsibilities of the three he reassigned in his office orders.&quot;In ordering the above-described reassignments, Rosal flagrantly disregard the CSC [Civil Service Commission] rules and guidelines on reassignment. Thus, he should be held liable for Grave Misconduct. He likewise acted with excessive use of authority and therefore, should also be held liable for Oppression,&quot; the order read.Rosal argued that &ldquo;as Governor, he was authorized to reassign officials to ensure that they are performing&rdquo; and that Loterte, the complainant, had no legal standing to question the move.He also said the affected personnel never questioned the reassignments and it was never invalidated by the Civil Service Commission.&quot;The fact that the department heads reassigned did not question their reassignment before the CSC does not preclude this office from examining these reassignments from the perspective of harassment and oppression and from making its own findings on the validity of the respondents&#39; actions,&quot; the Ombudsman ruled.Rosal issued an additional order on July 28,2022 recalling Engineer Efren Rosana as officer-in-charge of the Provincial Engineering Office to the PEO-Maintenance Division.The next day, his wife, Legazpi City mayor Geraldine Rosal entered into a Memorandum of Agreement (MOA) with the Provincial Government of Albay to the secondment of Clemente Aringo Ibo as Albay Assistant Provincial Engineer.The complainant claimed Ibo assumed duties and responsibities as OIC of the PEO &quot;even before he was seconded to the said office&quot; as shown in documents. On August 1,2022, Ibo was also designated as Bids and Awards Committee Chairperson through an order issued by Rosal.The Ombudsman also suspended Geraldine Rosal for one year. She was found guilty of Conduct Prejudicial to the Best interest of the Service.&quot;She willingly allowed herself to be part of the scheme that would ultimately deny her constituents the services of a City Engineer. She likewise knowingly enabled Rosal to second Ibo as Acting Provincial Engineer, and eventually designate him as OIC Provincial Engineer and BAC Chairperson,&quot; the Ombudsman said.The Ombudsman cleared the former Albay governor and Legaspi City mayor for violation of Section 3 (e) and (j) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.&quot;What the law punishes is the act of knowingly granting or issuing a license or permit to an applicant who is not qualified or legally entitled to such license or permit. Clearly, there is no basis to the charge for Violation of Section 3(j) of R.A. No. 3019 because the designation of Ibo as BAC Chairperson does not involve the grant of a license or permit,&quot; it said.The Ombudsman likewise dismissed all charges against Ibo for &ldquo;lack of merit.&rdquo;In the May 2022 elections, Rosal won as Albay governor but was disqualified by the Commission on Elections in November.Comelec said Rosal violated the election spending ban when he gave out cash assistance to tricycle drivers and senior citizens when he was Legaspi City mayor.Rosal brought the case to the Supreme Court and the case remains pending.Vice Mayor Edcel Greco Lagman replaced Rosal.In a post on his Facebook, Rosal said he received a copy of the order on Wednesday. He said the said resolution is not yet final and executory, therefore cannot be implemented yet.Rosal said they still have legal remedies that they will utilize to prove what they have been fighting for from the start. He maintained that there was no irregularity or violation in the secondment of Ibo as Albay Assistant Provincial Engineer.The former Albay governor called for calm among the public and reiterated that the fight is not over yet.Rosal called on those supposedly behind the attacks behind him and his wife. He said the effect of the cases against them are also being felt by their constituents in Legaspi City and Albay.

The Ombudsman cited Section 13 (a) of the 2017 Omnibus Rules on Appointment and Other Human Resource Actions where &ldquo;a diminution in rank, status or salary is enough to invalidate such a reassignment.&rdquo;&quot;It is clear that Baclao, Rebeta and Sipin were unceremoniously deprived of their powers of supervision over the employees who are part of their staff and their subordinates, this resulting in the diminution of their status as Department Heads,&quot; it said.&quot;The fact that they were later on reinstated to their former positions does not erase the truth that they were invalidly reassigned,&quot; it added.The Ombudsman also said Rosal did not state the duties and responsibilities of the three he reassigned in his office orders.&quot;In ordering the above-described reassignments, Rosal flagrantly disregard the CSC [Civil Service Commission] rules and guidelines on reassignment. Thus, he should be held liable for Grave Misconduct. He likewise acted with excessive use of authority and therefore, should also be held liable for Oppression,&quot; the order read.Rosal argued that &ldquo;as Governor, he was authorized to reassign officials to ensure that they are performing&rdquo; and that Loterte, the complainant, had no legal standing to question the move.He also said the affected personnel never questioned the reassignments and it was never invalidated by the Civil Service Commission.&quot;The fact that the department heads reassigned did not question their reassignment before the CSC does not preclude this office from examining these reassignments from the perspective of harassment and oppression and from making its own findings on the validity of the respondents&#39; actions,&quot; the Ombudsman ruled.Rosal issued an additional order on July 28,2022 recalling Engineer Efren Rosana as officer-in-charge of the Provincial Engineering Office to the PEO-Maintenance Division.The next day, his wife, Legazpi City mayor Geraldine Rosal entered into a Memorandum of Agreement (MOA) with the Provincial Government of Albay to the secondment of Clemente Aringo Ibo as Albay Assistant Provincial Engineer.The complainant claimed Ibo assumed duties and responsibities as OIC of the PEO &quot;even before he was seconded to the said office&quot; as shown in documents. On August 1,2022, Ibo was also designated as Bids and Awards Committee Chairperson through an order issued by Rosal.The Ombudsman also suspended Geraldine Rosal for one year. She was found guilty of Conduct Prejudicial to the Best interest of the Service.&quot;She willingly allowed herself to be part of the scheme that would ultimately deny her constituents the services of a City Engineer. She likewise knowingly enabled Rosal to second Ibo as Acting Provincial Engineer, and eventually designate him as OIC Provincial Engineer and BAC Chairperson,&quot; the Ombudsman said.The Ombudsman cleared the former Albay governor and Legaspi City mayor for violation of Section 3 (e) and (j) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.&quot;What the law punishes is the act of knowingly granting or issuing a license or permit to an applicant who is not qualified or legally entitled to such license or permit. Clearly, there is no basis to the charge for Violation of Section 3(j) of R.A. No. 3019 because the designation of Ibo as BAC Chairperson does not involve the grant of a license or permit,&quot; it said.The Ombudsman likewise dismissed all charges against Ibo for &ldquo;lack of merit.&rdquo;In the May 2022 elections, Rosal won as Albay governor but was disqualified by the Commission on Elections in November.Comelec said Rosal violated the election spending ban when he gave out cash assistance to tricycle drivers and senior citizens when he was Legaspi City mayor.Rosal brought the case to the Supreme Court and the case remains pending.Vice Mayor Edcel Greco Lagman replaced Rosal.In a post on his Facebook, Rosal said he received a copy of the order on Wednesday. He said the said resolution is not yet final and executory, therefore cannot be implemented yet.Rosal said they still have legal remedies that they will utilize to prove what they have been fighting for from the start. He maintained that there was no irregularity or violation in the secondment of Ibo as Albay Assistant Provincial Engineer.The former Albay governor called for calm among the public and reiterated that the fight is not over yet.Rosal called on those supposedly behind the attacks behind him and his wife. He said the effect of the cases against them are also being felt by their constituents in Legaspi City and Albay.

In the 22-page resolution dated August 29, but only released Thursday, the Ombudsman found Rosal guilty of Grave Misconduct, Oppression, and two counts of Conduct Prejudicial to the Best Interest of the Service.In case the penalty of suspension or dismissal can no longer be enforced, it shall be converted into a fine equivalent to their basic salary for 12 months.

MANILA &ndash; The Office of the Ombudsman has dismissed from service and permanently disqualified from holding public office former Albay governor Noel Rosal over the reassignment of several department heads when he assumed office in June 2022.The suspension stemmed from the complaint filed by Adrian Nacion Loterte on November 2022.

The Office of the Ombudsman has dismissed from service and permanently disqualified from holding public office former Albay governor Noel Rosal over the reassignment of several department heads when he assumed office in June 2022.

The Office of the Ombudsman has dismissed from service and permanently disqualified from holding public office former Albay governor Noel Rosal over the reassignment of several department heads when he assumed office in June 2022.

Ombudsman bars ex-Albay governor Rosal from public office | ABS-CBN News

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Ombudsman bars ex-Albay governor Rosal from public office

Ombudsman bars ex-Albay governor Rosal from public office