CA reverses Ombudsman ruling against Bacolod mayor

BACOLOD CITY – The Office of the Ombudsman’s decision in the case against Mayor Evelio Leonardia and six city hall employees was reversed by the 18th Division of Court of Appeals in Cebu City.

The appeals court ruled against the administrative case of grave misconduct and gross neglect of duty in connection with the procurement of R50 million worth of furniture and fixture in 2008.

Leonardia in a press conference on Tuesday said the court found no overprice, no under-delivery since all goods were accounted, no conspiracy and no bad faith.

He said that with or without the Aguinaldo Doctrine, he was exonerated on the merits of the case.

The Aguinaldo Doctrine stipulates that a public official may be absolved from any administrative case sanctions if he will be reelected without prejudice.

The CA decision, issued September 6, was signed by Associate Justices Germano Francisco Legaspi and Marilyn Lagura-Yap, and Executive Justice Gabriel Ingles.

The Ombudsman earlier ordered the filing of criminal charges against Leonardia, former Bids and Awards chairman Goldwyn Nifras, former Budget Officer Luzviminda Treyes, the late City Legal Officer Allan Zamora, BAC member Nelson Sedillo Sr., and former members of the Technical Working Group namely, Gliceria Caduhada, Eduardo Ravena, Jaries Encabo, Belly Aguillon and Aladino Agbones, BAC Secretariat head Melvin Recabar and former City Treasurer Annabelle Badajos.

Nifras, Treyes, Sedillo, Aguillon, Agbones and Encabo were also cleared by the Court of Appeals of the same charges of grave misconduct and gross neglect of duty and the order for their dismissal reversed.

Recabar and Ravena were found guilty of simple misconduct, and not of grave misconduct and gross neglect of duty, amending their dismissal to suspension without pay for three months.

After the suspension, they will return to their position and entitled to back wages and other benefits.

Leonardia said he was wondering why the case, which had earlier been “closed and terminated,” was resurrected.