Ombudsman affirms dismissal of Tuguegarao mayor

BAYOMBONG, Nueva Vizcaya—The Office of the Ombudsman has affirmed the dismissal of former Tuguegarao Mayor Jefferson Soriano and his city administrator on charges of grave abuse of authority in 2014.

In a 20-page order, Ombudsman Conchita Carpio-Morales denied the motion for reconsideration filed by Ronald Brillantes, former city administrator, of his and Soriano’s dismissal in July.

“Being a privilege, the holding of public office can justifiably be terminated for causes provided by law, including grave misconduct,” Morales said in her order.

“It bears emphasis that when the people entrust their mandate to their elected leaders, such mandate carries with it an implicit expectation of ethical behavior and lawful conduct,” the order said.

The Inquirer tried to reach Brillantes on Wednesday but he did not respond to text messages or take calls.

CA appeal

Soriano said he had questioned the Ombudsman’s ruling at the 10th division of the Court of Appeals (CA) in a separate case.

“It is taking a lot of time to be resolved but we cannot do anything but wait and be patient,” he said in a phone interview.

Soriano said the case has been delayed further by the retirement of the CA division’s presiding justice.

The Office of the Ombudsman reiterated its findings in the August 2014 decision, which removed both officials from their posts for ordering the closure of three city roads and entering into a contract to hold a flea market in 2013, without city council approval.

By doing so, Soriano undermined the authority of city councilors, the Ombudsman said.

Rubber stamp

These acts, it said, violated the Local Government Code, which requires road closures for festivals to be decreed by ordinances.

For the mayor to enter into contracts, he must first obtain authorization from the city council.

“He deliberately flouted the laws and practically reduced the Sangguniang Panglungsod (city council) into a rubber stamp body, incapable of regulating the affairs of their constituents based on their own consideration of public welfare and public order,” it added.

Soriano’s supporters earlier deplored the penalty imposed on the mayor, which, they said, deprived the people of Tuguegarao City their right to choose their leaders.

“While our laws place a very high premium on respecting the popular will, they likewise hold elected public servants to account whenever public office is abused or misused in a manner that disregards basic legal precepts, like the fixed allocation of powers and checks-and-balances between organs of government,” the Ombudsman decision said.

It also rejected Brillantes’ claim that he had acted in good faith and that he merely complied with an order from Soriano.

A claim of good faith, the decision said, “cannot be sustained on the face of a deliberate violation or negligence by an administrative officer.” It added that the “patently illegal” nature of these acts cannot be cured by the defense of obedience to an order of a superior. Melvin Gascon, Inquirer Northern Luzon