WILLIAM G. GUIALANI, VS. OSCAR S. MORENO, MAYOR, CAGAYAN DE ORO CITY AND GLENN C. BAÑEZ, OIC-CITY TREASURER, CAGAYAN DE ORO CITY.

Ruling

WHEREFORE , the Office finds respondents Oscar S. Moreno and Glenn C. Bañez GUILTY of Grave Misconduct and are meted the penalty of Dismissal from service, including the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and the perpetual disqualification for re-employment in the government service. Further, the charges of Grave Abuse of Authority and violation of R.A. No. 6713 are dismissed. In the event that the penalty can no longer be enforced due to respondents' separation from service, it shall be converted into a Fine equivalent to their respective salaries for one (1) year, payable to the Office of the Ombudsman, and may be deducted from their retirement benefits, accrued leave credits or any receivable from the government. This decision shall be executed as a matter of course. The refusal or failure to comply with this Decision of any officer, without just cause, shall be a ground for disciplinary action against said officer. The Honorable Secretary of the Department of the Interior and Local Government is directed to implement the penalty meted out against respondents, within ten (10) days from receipt hereof, and to submit to this Office, within the same period, a Compliance Report indicating the Docket Number of this case. SO ORDERED.