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Nueva Ecija Mayor held liable for irregularly disciplining municipal employees
08 August 2013, Press Release Ombudsman

OMBUDSMAN Conchita Carpio Morales meted administrative sanctions and ordered the filing of graft charges against a municipal mayor in Nueva Ecija for dismissing and suspending local employees without legal justification in 2005.

In a 44-page Joint Resolution, Ombudsman Morales indicted Mayor Lucio Uera for violation of Section 3(e) of Republic Act (RA) No. 3019 (Anti-Graft and Corrupt Practices Act) for causing undue injury to Elpidio Nievo, Rowena Pulad, Editha Micla, Florante Armentia, Dr. Joy Palad, Milagros Armentia, and Evelyn Rios, all employees of the municipality of Pantabangan, Nueva Ecija, by terminating their services without legal basis in violation of Civil Service Laws and Rules.

The Office also indicted Uera for another count of violation of Section 3(e) of RA 3019 for preventively suspending Antonio Capia, Elizabeth Huerta, Enrico Tagle, Guillermo Mendoza and 29 other municipal employees for 60 days without pay, also without legal basis.

The case stemmed from separate complaints filed by Capia, et al. and Nievo, et al who alleged that on January 3, 2005, when they were about to report to work as permanent employees, they were prohibited by the supposed “goons” of the mayor, and were handed memorandum orders citing their frequent unauthorized absences.

Complainants attributed the incident to Uera’s suspicion that they had sided with his political rival Romeo Borja.

The Office noted that “the complainants were helplessly dragged into the political rivalry of the two contending officials, and it is unfair to make them suffer the consequences of the political conflict between Borja and Uera.”

The Joint Resolution held that “it is undeniable that Uera’s acts were made in bad faith” and that “they were stirred by a conscious doing of wrong inspired by an evil intent or ill will and for no other purpose but to inflict injury and cause damage unto complainants by unceremoniously taking away from them their only source of living.”

It stated that “Uera’s acts of preventively suspending, terminating from service, and dropping them from the rolls were devoid not only of any legal support but of any good intentions.”

It added that Uera capriciously misused his authority when he issued the orders in the guise of enforcing civil service laws, rules and regulations.

The Office also found Uera guilty of Grave Misconduct and Grave Abuse of Authority, and ordered him to pay a fine equivalent to his salary for one year with the same accessory penalties of dismissal from service which includes cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from holding public office.

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