CA upholds Cortes’ one-year suspension

Local

THE Court of Appeals (CA) has denied the petition for a temporary restraining order (TRO) filed by dismissed Mandaue City Mayor Jonas Cortes.

With the denial, the one-year suspension imposed by the Office of the Ombudsman against him was upheld.

In a resolution promulgated on February 28, the CA’s Twelfth Division ruled that Cortes failed to establish a legal right warranting an injunction.

The decision, penned by Associate Justice Emilio Rodolfo Legaspi III, stated that issuing a TRO or preliminary injunction in favor of Cortes had no basis.

Cortes was suspended for appointing Camilo Basaca as officer-in-charge of the Mandaue City Social Welfare Services Office (CSWSO) in July 2022, despite his lack of qualifications.

Complainants Sereno Gabayan Monsanto, Rosimay Cali Caling, and Annabel Dela Cerna Andebor alleged that the appointment violated the Local Government Code and civil service rules.

The Ombudsman found substantial evidence that Basaca did not meet the educational and experience requirements for the position.

It ruled that his degree in Office Administration was unrelated to social work and that he lacked the required five years of experience in the field.

The Ombudsman also noted that Basaca was still an executive assistant under a coterminous appointment when he was designated, which violated rules on career service positions.

Cortes was found guilty of grave misconduct and conduct prejudicial to the best interest of the service.

While the penalty for grave misconduct is dismissal, the Ombudsman imposed a one-year suspension, noting that the appointment was not linked to corruption.

The CA upheld the Ombudsman’s authority, emphasizing that its decisions in administrative cases are immediately executory, even pending appeal.

The court ruled that public office is not a property right and that issuing an injunction would interfere with the Ombudsman’s constitutional powers.

“There is no basis for the issuance of a TRO or writ of preliminary injunction in favor of petitioner,” the CA stated.

Cortes, who was dismissed from office for allegedly allowing a cement batching plant to operate without the necessary business and environmental permits, has yet to speak on the matter as of this writing.(MyTVCebu)