MANDAUE City Mayor Jonas Cortes was suspended by the Office of the Ombudsman for one year for grave misconduct and conduct prejudicial to the best interest of the service.
The case stemmed from an administrative complaint following Cortes’ designation of Camilo Basaca Jr. as the acting head of the City Social Welfare Services Office (CSWSO) in 2022. The position was vacated following the retirement of its former head in July 2022.
The decision signed by Graft Investigation and Prosecution Officer Napoleon Regan Malimas on Aug. 12, 2024, said that while the penalty for grave misconduct is dismissal from the service even on the first offense, the Ombudsman notes that there was neither allegation nor was it found that the irregular designation of Basaca was attended with elements of corruption.
Meanwhile, the administrative complaint against Cortes’ co-respondent, Basaca, was dismissed for insufficient evidence.
The complainants, Sereno Gabayan Monsanto, Rosimay Cali Caling, and Annabel dela Cerna Andebor, argued that Cortes violated Section 483 of Republic Act 7160 (Local Government Code).
Two of the complainants were identified as residents of Mandaue City’s barangays Looc and Subangdaku.
The Ombudsman ruled that the designation of Basaca as the officer-in-charge of the CSWSO constitutes serious misconduct.
Misconduct, in this context, is defined as actions that violate established rules or laws, involving unlawful behavior or gross negligence by a public official. For such misconduct to justify dismissal, it must be severe and substantial, not merely a minor error in judgment, the decision said.
“The misconduct must imply wrongful intention and not a mere error of judgment and must also have a direct relation to and be connected with the performance of the public officer’s official duties amounting either to maladministration or willful, intentional neglect, or failure to discharge the duties of the office. In order to differentiate gross misconduct from simple misconduct, the elements of corruption, clear intent to violate the law, or flagrant disregard of established rule, must be manifest in the former,” the decision added.
In this case, the Ombudsman found that appointing Basaca as OIC-CSWSO was “highly irregular and violated civil service rules and other applicable laws,” adding that “this breach of regulations was deemed to be grave misconduct due to its serious nature and the deviation from established procedures.”
It pointed out that the position had been vacant for almost a year, and instead of appointing a qualified Social Welfare Development Officer (SWDO), Cortes bypassed the mandatory requirements by assigning Basaca, who allegedly lacked the necessary qualifications, including being a licensed social worker and having the required five years of experience.
Cortes’ reply
In a statement released Wednesday, Cortes expressed deep concern over the ruling, acknowledging the personal and communal impact of the decision.
Cortes emphasized that his decision to designate Basaca was driven by a commitment to improving the services of the CSWSO.
He highlighted Basaca’s extensive experience and dedication as crucial to their mission of serving the people of Mandaue.
He vowed to pursue all available legal avenues to contest the Ombudsman’s decision.
“We will not waver,” Cortes said, urging the public to stand with him as they navigate this challenging situation.
Basaca’s prior role was as an Administrative Aide under a Contract of Service, and he was only appointed as Community Affairs Officer IV in January 2023.
The complainants asserted that Basaca’s designation violated civil service rules, as his previous and current positions are first-level, while the CSWSO is a second-level position, requiring a licensed social worker.
Cortes and Basaca denied the allegations, stating that Basaca had the necessary experience through his work with KAABAG Mandaue, a socio-civic non-government group, and his involvement in community affairs since 2017.
They claimed his designation was in line with existing rules.
However, the Office of the Ombudsman found that the designation of Basaca was irregular, violating civil service rules and laws. It ruled that there was substantial evidence to hold both Cortes and Basaca administratively liable for grave misconduct and conduct prejudicial to the best interest of the service.
The Ombudsman, in its decision, stressed that the certifications issued by the KAABAG Mandaue failed to prove that Basaca has indeed been practicing the required number of years in the field of social work, adding that the said certifications may even be considered “self-serving.”
It also added that KAABAG Mandaue was founded by Cortes.
According to the Ombudsman, if the suspension order is not enforced before the 2025 elections, the penalty would be converted into a fine equivalent to Mayor Cortes’ one year of basic salary.
Meanwhile, City Administrator Jamaal James Calipayan said in a press conference on Wednesday that Cortes is still eligible to run in the 2025 midterm election since the suspension does not include disqualification.
The fine for the suspension would be payable to the Ombudsman and could potentially be deducted from the mayor’s accrued leave credits or any other receivables from his office, he said.
Calipayan also advised Cortes to continue his duties until the order was formally implemented by the relevant agency.
“As the city administrator, I will advise the mayor to continue until we receive the implementation of the order,” Calipayan said.
If the suspension is enforced, Vice Mayor Glenn Bercede will step in as acting mayor for the duration of the suspension, he said.
Calipayan reiterated that the suspension was not related to corruption.
In a related development, the City recently received an order from the Ombudsman Visayas dismissing another complaint against Cortes and four councilors.
The complaint, filed by Maria Priscilla Melendres, accused the mayor and others of unlawfully entering a disputed property and awarding subdivided lots to city residents.
The Ombudsman’s role is to investigate allegations of corruption and misconduct by public officials, but it does not handle civil disputes, it said.
The resolution of property ownership issues must be addressed in civil court, not by the Ombudsman. According to Republic Act No. 6770, which governs the Ombudsman’s functions, the office cannot investigate matters that are outside its jurisdiction. Thus, the complaint was dismissed as premature, it added. /CAV