Entrepreneurial Farmer

Ambrosio R. Villorente

Ombudsman Suspends Libacao Mayor, 

Dismisses Case Against Turang

Mayor Charito Inventado Navarosa of Libacao, Aklan, “in irregularly and knowingly appointing (Paterno D. Jr.) Turang as Libacao College of Science and Technology (LCST) College Administrator despite the latter’s lack of qualification therefore tarnished the image and integrity of (his) her office. 

“As the Municipality Mayor of Libacao, Aklan, the very position which allowed (him) her, thru Municipal Ordinance No. 005-04, to function as chairperson of the Board of Trustees of LCST, charged to appoint the College Administrator. Mayor Navarosa should be indicted accordingly. The complaint is dismissed as regards respondent’s Paterno D. Turang, Jr. Mayor Navarosa is held administratively liable for Conduct Prejudicial to the Best Interest of the Service and is imposed the penalty of suspension of six (6) months and one (1) day.”

These are the decisions of the Office of the Ombudsman after its Joint Review on the complaint filed by Dr. Arturo I. Zonio against Mayor Charito I. Navarosa and Mr. Paterno D. Turang, Jr. who are Libacao Mayor and LCST College Administrator respectively.

The complaint alleged that the appointment of “Mayor Navarosa of Turang as LCST College Administrator is illegal for being strictly prohibited” as provided for in RA 7160 which provided”, no candidate who lost in any election shall, within one year after such election be appointed to any office in the government.

The complaint alleged that Turang lost in the May 10, 2010 election for Vice Mayor of Libacao. He was appointed Consultant on July 1, 2010, barely 50 days after the election in May 2010. 

In his counter-affidavit, Mayor Navarosa cited political reasons for filing the complaint and out of resentment because the complainant, Dr. Arturo I. Zonio yearned to be re appointed as LCST Administrator.

The issue on Turang is his qualification to be appointed College Administrator.

However, Turang contrary to complaints claimed he graduated with the degree BS Industrial Education and finished Master of Arts in Education. He also took up units in Doctoral Education. After reviewing the complaint, all the necessary information submitted by both parties, the Ombudsman concluded that: 

1. The powers and duties inherent to the position of LCST Administrator do not fit into the nature of professional job order employment. The job does not entail a piece of work of short duration requiring special or technical skills but obviously is managerial necessitating full time service;

2. Mayor Navarosa in designating Turang as LCST College Administrator, traversed the prohibition set under Section 15, Rule XIII of CSC Memorandum Circular No. 40, S. 1998 that no consultant, contractual or non-career employee shall be designated to positions exercising control or supervision over regular and career personnel”; 

3. Mayor Navarosa intended Turang to hold the position of LCST College Administrator notwithstanding the latter’s lack of qualifications in the guise of a consultancy services in order to avoid the application of one year prohibition for appointment of defeated electoral candidates, but violated the prohibition Under Section 15, Rule XIII of CSC Memorandum Circular No. 40, S. 1998;

4. Turang’s appointment on July 1, 2011 as LCST College Administrator remains invalid because his appointment was not upon the recommendation of the Selection Committee with the concurrence of the Sangguniang Bayan of Libacao. The appointment did not show “it was a collective act of the LCST Board of Trustees as provided for in the Municipal Ordinance No. 005-04 of Libacao. 

5. The requirement of having a doctorate degree was not complied with, the Ombudsman decision stated. Turang’s appointment as College Administrator appeared not to have been submitted to the CSC for approval as provided for in the Libacao Municipal Ordinance No. 005-04.

Hence, as charged, Ombudsman found there is probable cause for Article 244 of the Revised Penal Code. “Mayor Charito I. Navarosa, Municipal Mayor of Libacao should be indicted accordingly. He is also held administratively liable for Conduct Prejudicial to the Best Interest of the Service…imposed the penalty of six (6) months and one (1) day suspension”.

“The complaint against Paterno D. Turang, Jr. is dismissed”.

The Regional Director, DILG, Region VI is directed to implement the administrative aspect of the Joint Review and promptly submit to Ombudsman its compliance report. /MP