Dismissed CamNor gov gets reduced sentence from CA

October 08, 2018

DAET, Camarines Norte -- Supporters of dismissed Gov. Edgardo H. Tallado have installed tarpaulin streamers at entrances to the provincial capitol here to welcome his return after he got a new order from the Special Seventh Division of the Court of Appeals (CA).

A 19-page decision by the CA issued by Mariflor P. Punzalan Castillo, Associate Justice, dated Sept. 26, 2018 but only received by counsel of private respondent Dr. Edgardo S. Gonzales and the Provincial Government of CamNorte on Oct. 3, 2018, stated that Petition for Certiorari by Tallado was partially granted by the CA.

The previous decision of the Office of the Ombudsman on Jan. 10, 2018 finding Tallado administratively liable for grave misconduct and meted a penalty of dismissal from public service served by the Department of the Interior and Local Government (DILG) regional office, Bicol last March 14, 2018, has been reduced by the CA to simple misconduct.

It was also stated in the said CA decision that “Simple misconduct is punishable under Section 46 (D) (2) of the Revised Rules on Administrative Cases in the Civil Service (RRACCS) with suspension of one-month and one-day to six-months.”

The decision also stated, “Considering circumstances obtaining in this case, particularly petitioner’s failure to immediately heed the directive from the DILG to desist from performing the functions of governor of CamNorte on August 5, 2016, we deem it proper to impose the penalty of six-month suspension.”

The CA order also stated that since Tallado had vacated his post on March 14, 2018 based on the decision of the Office of the Ombudsman, the dismissed governor had already served fully the penalty imposed on him.

Tallado’s spokesperson, Sherwin Mata, in a posted article in the Internet, said, “They are just waiting for order from DILG Sec. Año for the reinstatement of Tallado in the coming week, as governor of the province based on the new CA decision.”

But lawyer Archimedes O. Yanto, counsel of former Provincial Veterinarian Dr. Edgardo Gonzales, who had filed the case before the Ombudsman after Tallado sacked him as the provincial-vet said, “The new CA order does not specify Tallado’s reinstallation to the post of governor, but only reduces the case of grave misconduct to simple misconduct.” The respondent has filed for a motion for reconsideration (MR) on the new CA order.

With Tallado’s reported impending assumption as governor, critics here remarked that DILG’s installation of Jonah Pimentel as governor of CamNorte, and Michael Arthur Canlas as vice governor is an official designation from DILG and not as OIC.