G.R. No. 214312 - GERALDINE C. ORNALES, ROSENDO R. EGUIA, VINCENT U. VERGARA, RODOLFO A. DE CASTRO, JR., AND RAMIRO V. MAGNAYE, VS. OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON, ROBERTO RICALDE, MODESTO DE LEON, ALICIA MANGUBAT, AND LENELITA BALBOA, PROMULGATED:. DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is respectfully recommended that Geraldine C. Ornales , as Municipal Vice-Mayor of Lemery, Batangas, and Rosendo "Roger" R. Eguia, Vincent U. Vergara, Shirley R. Atienza, Niego B. Suayan, Melecio A. Vidal, Christopher Jones Bello, Ramiro V. Magnaye and Rodolfo A. De Castro, as Municipal Councilors, all of Lemery, Batangas, be indicted for violation of Article 177 of the Revised Penal Code and for violation of Section 3(e) in relation to 3(g) of R.A. No. 3019. Further, there being no probable cause to indict respondent Sangguniang Kabataan (SK) Federation President Romeo Evan "Ivan" C. Ornales for violation of R.A. No. 3019 and Article 177 of the Revised Penal Code, the criminal complaint against him is hereby recommended to be dismissed for lack of merit. Not being privy to the acts complained of nor a signatory to the unlawful local legislative resolution, the charge of Grave Misconduct is likewise recommended to be dismissed against Romeo Evan "Ivan" C. Ornales. As to respondents Geraldine C. Ornales, Rosendo R. Eguia, Shirley R. Atienza, Christopher Jones Bello, Vincent U. Vergara, Niego B. Suayan and Ramiro V. Magnaye, they are recommended to be adjudged guilty of Grave Misconduct and meted the penalties of: (i) Fine equivalent to six (6) months of their salaries in lieu of dismissal or removal from government service, to be withheld, deducted or forfeited in favor of the government from whatever salaries, monies, emoluments and benefits that may have accrued in their favor; (ii) Cancellation of Eligibility; (iii) Perpetual Disqualification to Hold Public Office; and, (iv) Forfeiture of Retirement Benefits. In accordance with Sec. 58(f), Rule IV of the Revised Uniform Rules on Administrative Cases in the Civil Service, the penalty of fine shall be paid to this Office, computed on the basis of the respective salaries of herein respondents['] salary at the time this Joint Resolution becomes final. Accordingly, the Secretary of the Department of Interior and Local Government (DILG) is hereby directed to implement this Order and to submit a compliance report thereon. SO RESOLVED. [28] Ornales , Eguia, De Castro, Vergara, and Magnaye moved for the reconsideration [29] of the Office of the Deputy Ombudsman for Luzon's February 7, 2013 Joint Resolution, and their motion was partially granted in the latter's October 7, 2013 Order. [30] Due to the re-election of some Sangguniang Bayan members to the same positions, the Office of the Deputy Ombudsman for Luzon applied the condonation doctrine to the administrative charges against them. However, it affirmed its previous finding of probable cause against the Sangguniang Bayan members in the criminal case. [31] The fallo of the Office of the Deputy Ombudsman for Luzon's Order read: WHEREFORE, premises considered, the motion for reconsideration of the respondents is hereby partially granted, and the Joint Resolution dated February 7, 2013 modified accordingly. The adminis