CA denies MR of Ombudsman vs. Mayor Leonardia, et al

“Due to lack of merit,” the Court of Appeals (CA) denied the Motion for Reconsideration (MR) of the Ombudsman against Bacolod City Mayor Evelio Leonardia, Atty. Goldwyn Nifras, Luzviminda Treyes, Eduardo Ravena, Melvin Recabar, Nelson Sedillo, Belly Aguillon, Aladino Agbones and Jaries Ebenizer Encabo who were earlier dismissed by the Ombudsman’s Public Assistance and Corruption Prevention Office.

The case stemmed from the alleged overpriced furniture and fixtures purchases for the Bacolod City Government Center.

The Ombudsman Public Assistance and Corruption Prevention Office -Visayas was represented by Acting Director Euphemia Bacalso.

The decision was promulgated by the former 18th Division of the Court of Appeals (CA) in November 28, 2017 signed by Associate Justice Germano Francisco Legaspi, Executive Judge Gabriel Ingles,and Associate Justice Marilyn Lagura -Yap.

Also, the judges penned that “after a meticulous review of records, we find that aside from raising the failure to exhaust administrative remedies and questioning the back wages awarded to petitioners Ravena and Recabar shall commence only from the time that they have served the 3-month suspension from service up to the time of their reinstatement and not from the time they were dismissed from service, for they should only be held administrative liable for simple misconduct only and not for grave misconduct.

The rest, all other issues and arguments laid down by public respondents are basically a mere rehash of those that have been judiciously scrutinized and exhaustively discussed at length by this Court in its September 6, 2917 decision. The public respondents failed to assert any new and substantial matter that would invalidate the Court’s findings. Indubitably, there is no ground to hold petitioners Evelio Leonardia, Atty Goldwyn Nifras, Luzviminda Treyes, Nelson Sedillo, Sr; Belly Aguillon, Aladino Agbones and Jaries Ebenizer Encabo administratively liable for the offense charged, the CA noted.*(EDITH B. COLMO)


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