The Office of the Ombudsman (OMB) has ordered the dismissal of former Albay governor Noel E. Rosal and the one-year suspension of Legazpi City Mayor Carmen Geraldine B. Rosal after they were found guilty of administrative charges involving the reassignment of several department heads in 2022.
The former governor has been found guilty of Grave Misconduct, Oppression, and two counts of Conduct Prejudicial to the Best Interest of the Service. His wife, Carmen, was found guilty of Conduct Prejudicial to the Best Interest of the Service.
In the event that the penalty of suspension or dismissal can no longer be enforced, it should be converted into a fine equivalent to their basic salary for 12 months.
Meanwhile, the Ombudsman dismissed for lack of probable cause the charges of graft filed against the couple. All charges that have been filed against Albay Assistant Provincial Engineer Clemente A. Ibo have likewise been dismissed for lack of merit.
The Ombudsman acted on the complaint filed by Adrian Nacion Loterte on Nov. 4, 2022, accusing the former governor of reassigning several department heads when he assumed office on June 30, 2022.
Rosal issued another order on July 28, 2022, recalling Engineer Efren E. Rosana as officer-in-charge of the Provincial Engineering Office (PEO) to PEO-Maintenance Division. The following day, his wife, representing the city government of Legazpi, entered into a memorandum of agreement (MOA) with the provincial government of Albay agreeing to the secondment of Ibo as Assistant Provincial Engineer of the province.
Loterte said in his complaint that Ibo assumed his duties and responsibilities as the OIC of the PEO even before he was seconded to the said office. At the same time, Rosal designated Ibo as Chairperson of the bids and awards committee (BAC) on Aug. 1, 2022. Loterte said this was highly irregular as the BAC Chairperson must be at least a third ranking permanent official of the procuring entity.
For its part, the Ombudsman dismissed the graft charges against the Rosal couple and Ibo because there was an "absence of any showing that Ibo indeed derived any benefit or advantage from said position."
On the other hand, the administrative charges were upheld as the reassignment of the department heads caused many to be "unceremoniously deprived of their powers of supervision." In doing so, the Ombudsman said Rosal "flagrantly disregarded the Civil Service Commission rules and guidelines on reassignment."
And because Ibo continued to perform the functions of City Engineer of Legazpi while assuming the duties of OIC-PEO, the Ombudsman said that the acts of the Rosal couple "clearly demonstrate an intent to place Ibo as chairperson of BAC."
"The above-described 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 officer-in-charge Provincial Engineer, respectively. Human nature dictates that Ibo could not have given his full time and attention to both positions," the joint OMB resolution said.
The joint resolution was written by Assistant Special Prosecutor III Lyn G. Dimayuga with the recommending approval of Assistant Ombudsman Pilarita T. Lapitan. It was signed by Ombudsman Samuel R. Martires on Aug. 20.