CA STOPS DURANO’S SUSPENSION

Ombudsman suspended Danao City mayor for ‘refusing’ to reinstate, pay the back wages of 7 workers. Durano argued that workers were reinstated in 2014 yet, and the treasury and budget offices testified that the workers had received their back wages

The Court of Appeals (CA) has stopped the Office of the Ombudsman-Visayas from suspending Danao City Mayor Ramon “Nito” Durano III for three months without pay.

The CA Manila’s special 7th division issued a 60-day temporary restraining order barring the ombudsman and the Department of Interior and Local Government from enforcing Durano’s suspension.

“The petitioner (Durano) has shown a clear and unmistakable right that must be protected,” read the CA’s eight-page resolution dated April 3 and penned by Associate Justice Romeo Barza.

In its decision dated June 2, 2016, the Ombudsman-Visayas suspended Durano for allegedly refusing to release the back wages and leave credits of seven Danao City Hall employees in 2013. Portia Pacquiao, graft investigator and prosecution officer, found Durano liable for simple neglect of duty.

The case stemmed from the administrative complaint filed by the seven workers, who accused the mayor of violating Republic Act 6712 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

The complainants are Orlando Dagatan, Jr., Amabella Gomez, Cecilia Lawas, Celso Aylwin Manulat, Leo Enriquez, Conchita Batuto, and Maria Sofielyn Camance.

Last July 1, 2013, Durano recalled the appointments of all employees during the term of his brother and former Mayor Ramon “Boy” Durano Jr. from 2010 to 2013.

He argued that their appoint- ments did not comply with the requirements in the screening process by the Personnel Selection Board created through a City Council resolution.

The employees were then barred from entering their work- places and performing their functions.

The complainants appealed the case before the Civil Service Commission (CSC), which directed Mayor Nito to reinstate the employees and to release their back wages and leave credits.

But the complainants said that the mayor still refused, despite the finality of the CSC resolution in 2014.

The Danao City personnel were already reinstated to their positions before the Office of the Ombudsman Visayas had ordered Nito’s suspension.

Nito Durano then filed a petition before the appellate court and argued that the ombudsman lacked basis in finding him liable for simple neglect of duty.

Records showed that the complainants were reinstated to their posts in December 2015.

The city treasurer and the budget officer also testified that the complainants already received their back wages.

In the resolution, the appeals court ruled that the condonation doctrine is applicable to the mayor since the complaint was filed last June 4, 2015 for acts allegedly committed during his prior term in 2013. “His right to remain in office as a duly elected mayor of Danao City should be protected during the pendency of the proceeding so as it to disenfranchise the people who voted for him,” the CA said. The CA also ordered Mayor Durano to post P100,000 as bond. /