THE Court of Appeals (CA) 18th Division in Cebu City reversed the Ombudsman’s decision dismissing Bacolod City Mayor Evelio Leonardia and six others for grave misconduct and gross neglect of duty in connection with the purchase of P49 million worth of furniture and fixtures in 2008.

The 16-page decision promulgated on September 6 by Executive Justice Gabriel Ingles with Associate Justices Germano Francisco Legaspi and Marilyn Lagura-Yap, stated in part, “…it was never claimed that the prices of the procured items were unreasonable. It is also undisputed that all the items subject of the P.O. [purchase order] were delivered. Besides, it was not proven by substantial evidence that petitioners’ alleged violation of the law was with willful intent. Thus, petitioners cannot be held liable for grave misconduct or gross neglect of duty.”

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