THE Court of Appeals (CA) has officially affirmed the decision to suspend former Mandaue City Mayor Jonas Cortes for one year.
In a ruling released on Dec. 2, 2025, the CA backed the Office of the Ombudsman’s earlier decision, finding Cortes responsible for grave misconduct. The case centers on his choice to appoint an officer in charge (OIC) who did not meet the necessary job qualifications.
Penalty
The CA 14th Division denied Cortes’ petition for review, standing by the Ombudsman's decision from Aug. 12, 2024.
Because Cortes is no longer in office, the court stated that the one-year suspension is considered served.If the suspension cannot be fully served, it will be converted into a fine equal to one year of his basic salary.
The penalty was given even though there were no allegations of corruption related to the appointment.
Why the complaint was filed
The legal trouble began with a complaint filed in June 2023 by residents Sereno Gabayan Monsanto, Rosimay Cali Caling, and Annabel Dela Cerna Andebor.
They alleged that Cortes violated civil service laws by designating Camilo Basaca Jr. as the OIC of the City Social Welfare Services Office (CSWSO). The complainants pointed out that Basaca did not have a social work license or the required five years of experience in social work.
At the time, Basaca was serving as an executive assistant II under a co-terminous appointment at the Office of the City Mayor. The Ombudsman later ruled that this status did not meet the requirements for a career position under the 2017 Omnibus Rules on Appointments and Other Human Resource Actions.
Basaca holds a Bachelor of Science in Office Administration. However, the head position at the CSWSO requires a licensed social worker or a degree preferably in sociology or a related field.
Arguments and rulings
Cortes defended the appointment, arguing that Basaca had relevant experience through community work. He claimed the move was "urgently needed" for the good of public service because other qualified people were already in essential jobs they could not leave.
However, the Ombudsman described the designation as “highly irregular” and a violation of civil service rules.
The CA agreed, saying that there was substantial evidence to support the Ombudsman’s findings. It also clarified that the Ombudsman has the power to discipline public officers, rejecting Cortes' argument that only the Civil Service Commission could handle issues regarding merit and qualification.
While Cortes was found guilty of grave misconduct and conduct prejudicial to the best interest of the service, earlier reports from August 2024 noted that the administrative case against Basaca himself was dismissed due to a lack of evidence. / CAV