Ombuds junks criminal raps filed vs Leonardia

THE Office of the Ombudsman in Quezon City dismissed the criminal charges filed against Bacolod City Mayor Evelio Leonardia on the alleged defiance of the resolutions of the Civil Service Commission (CSC) which invalidated the co-terminus appointment of Allan Zamora as city legal officer (CLO).

The 20-page decision was approved by Ombudsman Samuel Martires on December 10, 2018.

The complaint was filed by Sarah Teresa Esguerra on April 7, 2017.

This case involved the two previous co-terminus appointments of Zamora as CLO from July 1, 2004 until noon of June 30, 2007, and then from July 1, 2007 until the latter’s demise on March 5, 2009.

The copy of the decision was distributed to the media Thursday, February 14.

The order stated that the Ombudsman did not find any probable cause for violation of Section 67 of Book V, Title I, Subtitle A, Chapter 10 of Executive Order No. 292 in relation to Section 121 of the Revised Rules on Administrative Cases in the Civil Service (PRACCS), Article 217 of the Revised Penal Code, and Section 3 (e) of Republic Act No. 3019 against Leonardia.

In her complaint, Esguerra alleged that Leonardia violated the law by retaining Zamora as CLO after the CSC had invalidated with finality Zamora’s appointment, there is no restraining order from the court against it.

However, Leonardia was able to prove that Zamora was granted not one but two separate and district co-terminus appointments and that it was only the first one that was invalidated by the CSC while the second was never questioned.

The Ombudsman also said that Leonardia could not be faulted for allowing the continued employment of Zamora because it was proven that Zamora had actually appealed on time the decision of the CSC to the Court of Appeals which issued a temporary restraining order (TRO) against its enforcement.

Execution of the CSC decision had also become moot and academic when Zamora’s first appointment expired on June 30, 2007 while the TRO was still in effect. Under these circumstances, the Ombudsman further said that Zamora was entitled to the salaries and benefits of his position because he rendered services for it as a de facto CLO.

Leonardia said the case filed against him is clear political persecution.

He said the harassment cases are hazards of his office, but the political persecution in this case is clear, considering that Esguerra, a known supporter and executive assistant of former mayor Monico Puentevella, has been habitually filing many unwarranted cases against him in the past years.

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