The Office of the Ombudsman has found ground to charge former Cagayan de Oro City mayor Vicente Emano before the Sandiganbayan after he allegedly willfully refused to restore an administrative assistant whose transfer to the city library resulted in the diminution of her rank or status.
Based on a statement by the office, the Civil Service Commission (CSC) had ruled that Administrative Assistant III Leonor Esparcia should be restored to her original position after she challenged her transfer to the city library as watchman.
But Emano allegedly refused to implement the CSC directive which, Ombudsman Conchita Carpio-Morales pointed out, became final and executory after he failed to file an appeal within the prescribed period.
Thus, the office held, there was ground “to hold respondent criminally liable under Section 67, Book V of E.O. [Executive Order] 292 that imputes criminal liability against any person who violates or refuses to comply with its provisions and implementing rules.”
E.O. 292 is the Revised Administrative Code of 1987.
“As respondent willfully refused to implement it, perforce, the penal clause of E.O. 292 applies,” the office said in its Resolution.