1-mo sus­pen­sion vs DavOr town mayor

Sun.Star Davao - - TOP STORIES -

THE Of­fice of the Om­buds­man has or­dered a one-month sus­pen­sion to for­mer Lupon town Mayor Domingo Lim of Davao Ori­en­tal after he was found guilty for sim­ple ne­glect of duty.

The Om­buds­man, in a press state­ment posted on their of­fi­cial web­site yes­ter­day, said Lim's cul­pa­bil­ity stemmed from his bla­tant re­fusal to im­ple­ment the Om­buds­man's Septem­ber 17, 2015 de­ci­sion or­der­ing the dis­missal of mu­nic­i­pal em­ploy­ees Zaldy Cole, Jonel Del­monte, Re­nato Lanos, Rhu­lan Patino Sr., Romeo Rosauro and Sani Hanani.

This, de­spite be­ing re­minded twice in 2015 on the im­me­di­ate ex­ecu­tory na­ture of the de­ci­sion of the Om­buds­man and the

reper­cus­sion of the re­fusal or fail­ure to com­ply with the dis­missal or­der.

Om­buds­man junked Lim's de­fense that he merely ex­er­cised pru­dence in seek­ing the le­gal opin­ion of Om­buds­man Min­danao be­cause he is not learned in the law.

Lim also ear­lier claimed that he should be guided by the Om­buds­man in im­ple­ment­ing the dis­missal or­der in the midst of the "grey ar­eas" that arose from the le­gal reme­dies availed of by Cole, et. al.

Ac­cord­ing to the Om­buds­man, it is clear from the pro­vi­sion that when a pub­lic of­fi­cial has been found guilty of an ad­min­is­tra­tive charge by the of­fice and the penalty im­posed is sus­pen­sion of more than a month, just like in the cur­rent case, an ap­peal may be made to the Court of Ap­peals.

But such ap­peal shall not stop the de­ci­sion from be­ing ex­ecu­tory and the im­ple­men­ta­tion of the de­ci­sion fol­lows as a mat­ter of course, the Om­buds­man added.

The Om­buds­man, in a de­ci­sion, also said that the dis­ci­plinary author­ity of the of­fice does not end with a rec­om­men­da­tion to pun­ish, but goes fur­ther as to di­rectly im­pose the ap­pro­pri­ate sanc­tions on the erring pub­lic of­fi­cials and em­ploy­ees, like re­moval, sus­pen­sion, de­mo­tion, fine, cen­sure or crim­i­nal pros­e­cu­tion. ICT (For full story visit www.suns­tar.com. ph/davao/)

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