By CONG B. CORRALESAssociate Editor
THE Office of the Ombudsman has denied the motion for reconsideration of Bukidnon Gov. Jose Maria Zubiri in connection with a 2016 complaint for abuse on grounds that he showed “no new material evidence” in his plea.
The recent ruling upheld the Ombudsman’s June 7, 2016 decision that found Zubiri “administratively guilty of grave abuse of authority amounting to oppression” that carried a penalty of six months of suspension.
In a seven-page document obtained by the Gold Star Daily yesterday, Rosemil Robles Bañaga, graft investigation and prosecution officer, denied Zubiri’s motion for reconsideration because the governor neither introduced new material evidence nor pointed out grave errors of facts, laws, or serious irregularities in the Ombudsman’s 2016 decision.
“The Office finds no sufficient ground to disturb the June 7, 2016 decision,” the document reads in part.
The decision to deny Zubiri’s motion was reviewed by Hilde dela Cruz-Likit, graft investigation and prosecution officer, and and subsequently approved by both Rodolfo Elman, deputy ombudsman for Mindanao and Ombudsman Conchita Carpio Morales.
Zubiri filed appealed the Ombudsman’s ruling on the complaint filed by former capitol general services department head Carlos Ycaro (docketed under case no. OMB-M-A-16-0100) for abuse of authority, conduct prejudicial to the best interest of the service, grave misconduct, and for violations of RA 10154 and RA 6713, Act on Early Release of Retirement Benefits of Public Officials and the Code of Conduct and Ethical Standards for Public Officials and Employees, respectively.
The Ombudsman ruled last year that Zubiri be suspended for six months for refusing to approve Ycaro’s terminal leave application.
In his motion for reconsideration, Zubiri claimed that Ycaro’s leave application, a prerequisite for the granting of terminal leave benefits, was never brought to his attention.
“It bears to stress that the finding of grave abuse of authority amounting to oppression against Zubiri is anchored on his unjustified refusal to approve complainant’s (Ycaro) terminal leave application, and not for the nonelease of his leave benefits,” the Ombudsman’s order reads in part.
The Ombudsman pointed out that the Bukidnon government’s Human Resource Management Office had already certified that Ycaro had 310.041 days in commutable leave credits, and that Zubiri had no reason not to approve the application.
The same order also pointed out that under RA 10154, “a retiring employee’s terminal/accrued leave credits cannot be withheld even if (the employee) has a pending administrative case.”
According to the Ombudsman, oppression is punishable by suspension of six months and one day to one year for the first offense.
“For his infractions, (Zubiri) is suspended only for six months,” the order reads.