The order of the Office of the Ombudsman dismissing from service Commission on Higher Education (CHED) Executive Director Julito Vitriolo should be enforced.
This was the clarification made by Presidential Spokesperson Ernesto Abella as he explained on Thursday that the Ombudsman order should be implemented pending the final executory decision from the Court of Appeals (CA) on Vitriolo’s case.
“Per Office of the Executive Secretary and the Senior Deputy Executive Secretary, the decision or order of the Ombudsman remains executory, notwithstanding any other decision of the Court of Appeals, which is not yet attained finality,” Abella said in a Palace briefing.
“But the office will still defer to the judgment of the CHED regarding the matter,” he added.
The Ombudsman ordered Vitriolo dismissed in January for failing to investigate the “diploma mill” allegations against Pamantasan ng Lungsod ng Manila.
But in an August 17-decision, the 12th Division of the CA dismissed the charges of gross neglect of duty, grave misconduct, incompetence and inefficiency against Vitriolo. The appellate court has ordered Vitriolo reinstated, citing that the charges against him did not justify his dismissal.
However, in a press conference on Wednesday, CHED Chairperson Patricia Licuanan maintained that the current executive director of the agency is President Rodrigo Duterte’s appointee, Mr. Karol Mark Yee. Mr. Duterte appointed Yee at CHED since June.
Licuanan had earlier released a memorandum stating that all memoranda issued and circulated, documents transmitted, and communication signed by Vitriolo “shall have no legal effect whatsoever and is considered null and void ab initio.”
In a press statement on Friday, CHED cited the official communication they received from Acting Executive Secretary Menardo I. Gueverra that explained that “[a]s a rule, a judgment, final order, or resolution rendered by the CA may only be executed upon its finality. In the exceptional circumstances where the CA itself orders its decision to be immediately executory, they remain subject to the provisions on discretionary execution.” /kga