By Ric V. Obedencio
CA acquits Cubrado
from admin charges
The Court of Appeals has granted the petition of Mayor Cubrado, thereby freeing her from administrative charges filed against her by her political detractors.
“Wherefore, the petition is hereby granted,” the decision of the court reads.
It continues, “the decision dated May 26, 2017 and order dated August 30, 2017 of the Office of the Ombudsman in OMB-V-A-16-0006 are reversed and set aside. Accordingly, administrative case No. OMB-V-A-16-0006 is hereby dismissed and petitioner Necitas Cubrado is exonerated from the administrative charge against her for lack of substantial evidence.”
The court said that facts showed that Cubrado has no intention to usurp legislative power of the Sangguniang Bayan of Pilar town.
Cubrado, CA pointed out, wrote August 28, 2015 a letter to the SB to “waive the municipal fees of application for households electrification program” to some indigent 95 beneficiaries of the towns.
Consequently, the SB approved thru Resolution No. 56, series of 2016 the request of Cubrado for fees exemption to the aforesaid beneficiaries.
CA concluded “these facts closely show the absence of any interest on her part” to usurp the legislative power of the SB.
“Verily, Cubrado’s act (issuing a certification to beneficiaries) cannot be described as serious, important, weighty and momentous so as to warrant her dismissal from service.”
When asked if she would immediately assumed back as mayor of Pilar town, Cubrado said in exclusive interview that she’ll be waiting for the writ of execution soon.
Earlier this month, the Ombudsman has junked the complaint filed against Cubrado of this town for lack of probable cause.
With the said decision, the Ombudsman reversed its previous decision which found Cubrado guilty of “grave misconduct” for the alleged usurpation of legislative power.
Cubrado was then meted dismissal from public service and with accessory penalty of perpetual disqualification from holding any public office by the Ombudsman.
The case arose from the intention of Cubrado in helping some 90 plus households of the barangays to avail of the energization program of the national government. (rvo)
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