BUKIDNON Governor Jose Maria Zubiri Jr. assailed anew the decision of the Office of the Ombudsman to suspend him for six months for abuse of authority, calling the decision incorrect and without legal and factual basis as he filed his motion for reconsideration Friday, September 23.
The suspension order, received on September 20, came in the wake of complaint filed by Carlos Ycaro, a retired Provincial Government employee, who alleged that Zubiri refused to sign his leave and clearance papers in 2013.
The motion for reconsideration the governor filed before the Ombudsman on Friday stated: “[T]he findings that respondent Zubiri, Jr. refused to approve the clearance and terminal leave application of the complaint is incorrect and has no legal and factual basis.”
In a press conference at the Bukidnon provincial office in Malaybalay City on Thursday, Zubiri said he had decided to file the motion for reconsideration at the Office of the Ombudsman in Manila right away and will not wait for the 10-day grace period to expire.
Zubiri argued that at the time Ycaro submitted his documents, the provincial chief executive at the time was Alex Calingasan and for that he has no authority to sign the Ycaro’s documents.
In his motion, Zubiri said the reason why Ycaro’s papers were not signed was he failed to account some P11.26 million of provincial government properties including chairs and equipment.
The motion also mentioned that Zubiri’s name was “merely superimposed on the clearance and application for terminal leave of the complainant (Ycaro) despite the fact that he was not a signatory thereto.”
It was noted that during a hearing at the Regional Trial Court in Bukidnon for the same case last month, Ycaro reportedly admitted it was Calingasan who superimposed Zubiri’s name on the document.
Besides, the motion said, Ycaro’s papers had not been signed by the provincial government’s various department heads before the governor signs it.
As a policy, the application for leave must have the approving signatures of the heads of offices at the Provincial Capitol such as the human resource management, general services and the budget office.
It is only after the concerned employee must have been already cleared by the different department of all his accountabilities and responsibilities and has been issued with separate clearances can then his application be signed by the governor.
Also, the motion said Ycaro did not comply with all the requirements that would have his leave application be approved.
These requirements include clearance from all accountability, copy of his leave card, approved leave application, complete service record, statement of assets, liabilities and net worth, photocopy of the appointment, notice of salary adjustment, among others.