09 Oct Who’s Telling the Truth? Ombudsman Indicts Former Mayor Emano for Demotion of City Employee
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Most recently, the media has been abuzz with the latest news on former Mayor Vicente “Dongkoy” Emano. Well, in truth, anything about Dongkoy will always elicit attention from the media down to the mass netizens. The latest is that the Office of the Ombudsman has found probable cause to indict the former mayor on graft charges for allegedly demoting a city employee and not retaining the position of the said employee even after being ordered to do so by the Civil Service Commission.
In a recently signed and released resolution by Ombudsman Conchita Carpio-Morales, Emano is to be indicted on criminal charges for the violation of Section 67, Book V of Executive Order 292, or the Revised Administrative Code of 1987. The resolution has been issued stemming from a complaint filed by Cagayan de Oro Administrative Assistant III Leonor Esparcia. She alleges that she was unlawfully demoted to the position of security guard/night watchman for the city library back in 2009.
Esparcia challenged the diminution of her rank or status by first filing a complaint with the Civil Service Commission. In 2012 the Civil Service Commission sided with Esparcia and in their decision ordered the mayor to restore her to her original position as public health worker at the J.R. Borja General Hospital. The issue was further compounded when Emano failed to challenge the CSC ruling through a motion for reconsideration, thus, the decision became final, binding, and executory. However, Emano also refused to implement the CSC ruling to restore Esparcia to her former position. Therefore, the Ombudsman indictment not only centers on the unlawful demotion of said employee, but will also penalize Emano for failing to implement the CSC ruling.
The resolution therefore states that, “There is ground to hold the respondent criminally liable under Section 67, Book V of E.O. 292 that imputes criminal liability against any person who violates or refuses to comply with its provisions and implementing rules. As respondent willfully refused to implement it, perforce, the penal clause of E.O. 292 applies.” On the other side of the coin, according to Padayon Pilipino spokesperson Councilor Alexander Dacer, it was Esparcia’s decision to leave her work because she was frequently absent, often without leave. Emano never made her leave because she left her position on her own accord and even failed to report back for work.
There was no reason to have her reinstated since she never left her position. But then, it became the mayor’s prerogative to reassign her as security guard due to her performance, but with the same salary as her former position. Dacer also clarified that when Esparcia was reassigned as security guard Emano was then vice mayor. Given the former mayor’s penchant for controversy, this comes as no surprise because almost at the same time the Ombudsman is now reviewing a complaint against Emano on graft complaints for his alleged collusion with officials of the Land Bank of the Philippines over a P602 million loan. Also, his recent announcement to once again run for a local position followed by his hospitalization for hypoglycemia only further fuels the fires of controversy.
Whatever truth comes out from the Office of the Ombudsman on this and his other cases, Cagayanons are hoping that the findings will be based on fairness and transparency rather than political motivations.
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