Ex-Albay gov, Legazpi City mayor guilty of admin raps

SHOW OF SUPPORT Legazpi CityMayor Carmen Geraldine Rosal and her husband, former Albay Gov. Noel Rosal, attend a gathering of supporters in this 2023 photo.—MARK ALVIC ESPLANA

The Office of the Ombudsman has found former Albay Gov. Noel Rosal and his wife Carmen Geraldine, the incumbent mayor of Legazpi City, guilty of administrative charges for reassigning provincial and city government officers upon assuming office in 2022.

In a joint resolution dated Aug. 29, the Ombudsman ordered the suspension of Carmen from her post for one year after she was found guilty of conduct prejudicial to the best interest of the service.

Noel, who has stepped down since the Commission on Elections (Comelec) disqualified him in 2022, was ordered dismissed from service as he was found guilty of grave misconduct, oppression, and two counts of conduct prejudicial to the best interest of the service.

The Ombudsman also fined Noel an amount equivalent to a year’s worth of his basic salary that may be deducted from his benefits or leave credits.

The Ombudsman held Noel liable for the irregular reassignment to unrelated departments of the following officers: Dante Baclao, head of the Provincial Engineer’s Office; Cheryll Rebeta, head of the Provincial Agricultural Office; and Gina Sipin, head of the Provincial Human Settlement Office.

“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, thus resulting in the diminution of their status as department heads,” the 22-page resolution read.

‘Battle not yet over’

But the Rosal couple, in a joint statement issued on Thursday, said the “battle is not yet over” as the decision was not yet final and executory.

“We still have legal remedies available, all of which we shall resort to when necessary. Because right now, the battle is not yet over,” the couple said.

They maintained that they “have done nothing illegal, irregular or unconstitutional.”

“And so we shall fight this out until the very end,” the Rosal couple said.

Noel, in his counter-affidavit last year, argued that the reassigned officers were recalled back to their original positions on Dec. 1, 2022.

But this was rejected by the Ombudsman, saying that “the fact that they were later reinstated … does not erase the truth that they were invalidly reassigned.”

His actions, the state prosecutors said, “flagrantly disregarded” the rules of the Civil Service Commission, reflected “excessive use of authority,” and disrupted the day-to-day operations of the provincial government.

Noel, however, was acquitted of graft charges for lack of probable cause. It was in connection with his appointment of Clemente Ibo, an assistant provincial engineer in Albay and a former city engineer of Legazpi City, as chair of the bids and awards committee.

But he and his wife Carmen were still held liable for appointing Ibo, through a memorandum of agreement, as an officer in charge (OIC) of the Provincial Engineer’s Office even when he continued to perform his duties as city engineer of Legazpi.

“The … acts of Rosal and Carmen undoubtedly prejudiced the delivery of public service in Legazpi City and the province of Albay because Ibo simultaneously performed as its city engineer and OIC provincial engineer,” the Ombudsman said.

“Human nature dictates that Ibo could not have given his full time and attention to both positions,” it added.

The charges stemmed from the complaint filed by Adrian Loterte, who identified himself as a media practitioner, in November 2022.

Noel won as Albay governor in the 2022 elections, but the Comelec later nullified his victory for violating the Omnibus Election Code when he distributed cash assistance during the election period.