CA downgrades penalties vs Rosals

THE Court of Appeals (CA) has downgraded the administrative penalties imposed by the Office of the Ombudsman against governor-elect Noel Rosal of Albay and wife Mayor Carmen Geraldine Rosal of Legazpi City.

The CA ruled that the evidence did not support their dismissal or yearlong suspension from government service.

In a 15-page decision promulgated on May 30 but only made public on Tuesday, the CA's 15th Division reversed in part the Ombudsman's earlier ruling, which had found the Rosals guilty of multiple administrative offenses over the controversial reassignment of provincial department heads and the designation of an acting provincial engineer.

While affirming the Ombudsman's findings of irregularities, the appellate court ruled that the evidence did not justify the maximum penalties previously imposed.

The case stemmed from a complaint filed by media practitioner Adrian Loterte, who accused the Rosals and engineer Clemente Ibo of grave misconduct, oppression and conduct prejudicial to the best interest of the service.

Loterte cited a series of office orders issued by Noel Rosal in 2022 that reassigned senior officials of the Albay provincial government and installed Ibo as acting provincial engineer and chairman of the Bids and Awards Committee, allegedly in violation of civil service and procurement rules.

The Ombudsman had earlier found the governor guilty of grave misconduct and dismissed him from service while suspending his wife for one year for her role in Ibo's secondment from the Legazpi City government to the provincial office.

However, the CA found that while the reassignments were indeed irregular and amounted to constructive dismissal — a violation of civil service rules — there was no substantial evidence to prove that Noel acted with corruption, malice or flagrant disregard of the law.

"The reassignments were improper, but there is no proof that petitioner Noel Rosal was motivated by bad faith or corrupt intent," the decision stated.

Noel Rosal was instead found guilty of simple misconduct and conduct prejudicial to the best interest of the service, punishable by a one-year suspension.

Carmen Rosal's suspension, on the other hand, was reduced to nine months from the original one-year penalty, with the court citing the absence of aggravating circumstances.

In the event the Rosals are no longer in office, the suspension penalties are to be converted into fines equivalent to their respective salaries for the same period, payable to the Office of the Ombudsman.

All administrative charges against Ibo were previously dismissed for lack of merit.

The appellate court also addressed the Rosals' claim that a temporary restraining order (TRO) issued by the Supreme Court in a separate disqualification case prevented the CA from resolving the administrative case.

The CA disagreed, stating that the TRO in question only restrained the Commission on Elections from implementing its disqualification order and did not apply to the present administrative matter.

Noel Rosal topped the gubernatorial race but Carmen Rosal failed in her reelection bid as mayor of Legazpi City in the May 12 polls.