San Jose del Monte City Mayor Reynaldo San Pedro has asked the Court of Appeals (CA) on Tuesday to scrap the ruling of the Office of the Ombudsman dismissing him from office.
In a 32-page petition for certiorari, the Bulacan mayor alleged that Ombudsman Conchita Carpio-Morales committed grave abuse of discretion amounting to lack or excess of jurisdiction.
San Pedro said Morales deprived him of his right to due process and the opportunity to be heard.
He asked the CA for its immediate issuance of a temporary restraining order (TRO) to stay the implementation of his dismissal order while the case is heard on merits.
San Pedro’s ouster stemmed from an administrative complaint filed on July 15, 2015 by Rufino Gravador Jr., in connection with alleged dismissal and oppression by the mayor after he was reassigned from being city engineer to the position of acting agriculturist.
On April 14, 2016, the Office of the Ombudsman found San Pedro guilty of grave misconduct and imposed the penalty of dismissal from the service, cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification for reemployment in the government service.
San Pedro said Gravador’s supplemental complaint, which he never received, was taken into consideration by the anti-graft office. He also argued that Gravador failed to substantiate his charges.
Instead, the Ombudsman made its own conclusions, without proof of the complainant, that petitioner in transferring Gravador acted to torment and inflict injury on him.