Ombudsman suspends Mandaue City mayor

August 21, 2024 admin

CEBU CITY — The Office of the Ombudsman has found the mayor of Mandaue City, Cebu guilty of the “irregular designation” of an officer-in-charge of the City Social Welfare Services (CSWS) in 2022.

Mayor Jonas Cortes was ordered suspended for one year without pay for grave misconduct and conduct prejudicial to the best interest of the service.

Vice Mayor Glenn Bercede, an ally of Cortes, is set to assume the post of acting mayor throughout the duration of the suspension.

The anti-graft office, in its ruling dated Aug. 12, said that the appointment of Camilo Basaca as officer in charge of the CSWS did not follow the legal process.

“In the instant case, the designation of Basaca as officer in charge of CSWS was highly irregular and violated pertinent civil service rules and regulations and other applicable laws,” it said.

The Ombudsman, however, said that the acts of Cortes did not involve any form of corruption, hence a penalty of suspension for one year is enough.

“The Office notes that there was neither allegation nor was it found that the irregular designation of Basaca was attended with elements of corruption. Accordingly, Jonas Cortes is meted the penalty of suspension from the service for one year without pay,” it said.

The case stemmed from a complaint filed by three individuals against Cortes before the Ombudsman over the appointment of Basaca as the officer in charge of the CSWS.

The complainants claim that the designation of Basaca violates Section 483 of Republic Act No. 7160 otherwise known as the “Local Government Code,” which enumerates the qualifications of the social welfare development officer (SWDO).

They said Cortes deliberately refused to appoint a qualified SWDO because he had not opened the position even if the same post had been vacant for almost a year.

The complainants also insisted that Basaca does not possess the required eligibility and qualifications for the position of SWDO as he is not a licensed social worker and has not acquired experience in the practice of social work for at least five years as mandated by the law.

Cortes, in a statement, said the Ombudsman’s decision is a “matter of deep concern.”

His decision to designate Basaca was rooted in a commitment to enhance the services of the CSWS.

“His extensive experience and unwavering dedication was seen as vital to our mission of serving the people of Mandaue. Every decision I make is grounded in what will best serve our community, and this was no exception,” Cortes said.

“We will pursue all legal avenues available to contest this decision, ensuring that our commitment to service remains strong and unbroken. Rest assured, we will not waver,” he added.

Lawyer Jamaal James Calipayan, Mandaue City Administrator, received the suspension order from the anti-graft office at 11 a.m. on Wednesday, Aug. 21, since Cortes was in Manila.

Calipayan, in a press conference, mentioned they would appeal the decision of the anti-graft office, especially the length of the suspension imposed against the mayor.

He said the suspension of Cortes should not take effect immediately and that the mayor should continue serving the public until the suspension order is enforced.

Calipayan said the Ombudsman did not mention any issue of corruption in the ruling and that the mayor believed that the appointment of Basaca was beneficial to the majority and that no city residents were affected by it.

“In the decision, there is no issue of corruption. No public funds were mishandled. The mayor’s act of designating Basaca has helped many,” said Calipayan.

Calipayan said they were surprised because they did not have knowledge about the background of the complainants.

“We don’t know who these individuals are. I was told by Camilo (Basaca) that he met them (complainants) during the clarificatory hearings at the Ombudsman. [And according to him,] he did not know who the complainants were,” he said.

Basaca’s contract as acting head of CSWS in Mandaue ended last month.

Calipayan admitted that Cortes was saddened by the suspension order, especially since it would prevent him from serving the public for a year.

Despite the development, Calipayan said they will continue to implement the programs and projects of Cortes.