CEBU CITY – The Office of the Ombudsman upheld its previous decision suspending Mandaue City Mayor Jonas Cortes for one year without pay.
CORTES (FB)
Junking the motions of reconsideration filed by Cortes, the Ombudsman affirmed its previous decision that found the mayor guilty of grave misconduct and conduct prejudicial to the best interest of the service.
The Ombudsman said Cortes violated the law when he improperly appointed Camilo S. Basaca Jr. as officer-in-charge (OIC) of the City Social Welfare Services Office (CSWSO).
The Ombudsman said that at the time of his appointment in July 2022, Basaca held only a coterminous position as Executive Assistant II and didn’t have the permanent appointment required for the role.
Basaca later obtained a permanent position as Community Affairs Officer IV in January 2023 but the appointment violated civil service rules, which mandate that career service positions be filled by permanent appointees, the Ombudsman pointed out.
In his motions for reconsideration, Cortes argued that the complainant violated due process when they did not furnish him or his legal team with a copy of their position paper.
Cortes also challenged the Ombudsman’s authority over the matter.
The mayor said the case should have been handled by the Civil Service Commission as it involved personnel designation. He also asserted that as city mayor, he has authority to assign Basaca temporarily as OIC-CSWSO under his discretionary powers.
The complainants countered that Cortes actually received a copy of their position paper during a clarificatory hearing last June 7.
The complainants also insisted that the Ombudsman has the authority over the case as the anti-graft body is allowed to act based on the evidence.
The Ombudsman found no merit in Cortes’ arguments, noting that the designation of Basaca as OIC-CSWSO violated Section 13(c) of Rule IV of the 2017 ORAOHRA.
The anti-graft body added it “shall exercise jurisdiction over it insofar as the criminal aspect is concerned.”
The Ombudsman explained that that regardless of the temporary nature of the designation, the rules strictly require that employees designated to career positions must hold permanent appointments.
By disregarding these qualifications and civil service requirements, Cortes committed “flagrant disregard of established rules,” the Ombudsman said.
Noting the absence of corruption allegations in the case, the Ombudsman said it observed leniency in imposing a one-year suspension rather than outright dismissal.
Cortes was already dismissed from service due to a separate case where he was found guilty of grave misconduct for allowing a batching plant to operate without permits.
Cortes has filed his Certificate of Candidacy for reelection.
The Commission on Elections has decided to disqualify Cortes from running in next year’s elections but the dismissed mayor was able to secure a Temporary Restraining Order from the Supreme Court.