• CHRYSEE G. SAMILLANO
The Office of the Ombudsman dismissed, for lack of substantial evidence, the administrative case for grave misconduct filed by a retired teacher against Tangub Barangay Captain Noli Villarosa and a kagawad, after reversing its September 1, 2022 order, and granting the respondent’s motion for reconsideration.
The Ombudsman earlier meted Villarosa the penalty of dismissal from service, after finding him guilty of simple misconduct in the administrative case filed against him and Kagawad Jose Ray Pendon by Candido Medalla, Jr., for the demolition of the concrete fence at the latter’s titled property in 2019 without their (owner’s) consent.
Villarosa was imposed a penalty of suspension from service for three months without pay.
With the second commission of the offense of simple misconduct, Villarosa was meted the penalty of dismissal from service. The penalty of dismissal will carry with it accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office and a bar from taking civil service examination.
In its 7-page order dated January 9 signed by Rhyan M. Pañales, Graft Investigator and Prosecution Officer ll, and approved by Jane Aguilar, acting assistant Ombudsman, the Ombudsman said that “respondents (Villarosa and Pendon) appropriately pointed out that when this Office rendered its Joint Resolution dated Oct. 26, 2020 dismissing the administrative case for grave misconduct against them, the filing of the motion for reconsideration (MR) by complainant on May 18, 2022 in relation to the said Joint Resolution was already prohibited under Rule lll, Section 7 of the Adm. Order (AO) No. 07, which expressly states that where the respondent is absolved of the charge, the decision will be final, executory and unappealable.”
Meanwhile, Pendon, having committed, and being found guilty of simple misconduct for the first time, was meted a penalty of suspension from service for three months without pay, with a stern warning that a repetition of the same will be dealt more severely.
After receipt of respondent’s MR, the Ombudsman on December 13, 2022, received from them a Motion to Hold Execution in Abeyance praying that execution of the order on Sept. 01, 2022, dismissing Villarosa from service and suspending Pendon from government service without pay for three months, be stayed in view of the pendency of respondent’s MR dated Dec. 07, 2022.
Medalla had filed criminal and administrative cases against Villarosa and Pendon on October 15, 2019, after the eastern portion of the perimeter fence of his 3,144 square meter titled property in Tangub was demolished by the demolition team of the barangay on August 29, 2019, in line with the implementation of Department of Interior and Local Government (DILG) Memorandum Circular No. 2029-21, directing local officials to reclaim public roads and get rid of illegal structures.
Former councilor Caesar Distrito is the lead counsel of Villarosa and Pendon. Members of his legal team include lawyers Mark Mayo and Arnel Lapore.*