By Benjamin Pulta
MANILA – The Court of Appeals (CA) has downgraded the administrative penalties imposed by the Office of the Ombudsman against former Albay governor Noel Rosal and his wife, Legazpi City Mayor Carmen Geraldine Rosal in connection with the unauthorized reassignment of provincial department heads in 2022.
In a 15-page decision written by Associate Justice Germano Legaspi dated May 30, the CA’s 15th division partially granted the petition filed by the Rosals and modified the Ombudsman’s ruling against the couple.
“Petitioner Noel Rosal is found guilty of simple misconduct and conduct prejudicial to the best interest of the service and is meted the penalty of suspension from the service for one year. Petitioner Carmen Geraldine Rosal is found guilty of conduct prejudicial to the best interest of the service and is meted the penalty of suspension from the service for nine months,” the court said.
The Ombudsman had originally found Noel guilty of grave misconduct, oppression and two counts of conduct prejudicial to the best interest of the service and meted the penalty of dismissal from service.
Carmen, on the other hand, was originally found guilty of conduct prejudicial to the best interest and was suspended from the service for a year.
The case stemmed from a complaint filed over a series of office orders issued by Rosal in mid-2022 that reassigned senior officials in the Albay provincial government, allegedly in violation of civil service and procurement laws.
“Aside from the Office Orders issued by Noel, no other evidence was adduced to prove that Noel’s acts were motivated by corrupt interest or were done willfully to violate established rules. Respondent likewise failed to prove that in ordering their reassignment, Noel employed an excessive use of authority to oppress [the reassigned officials] or that he inflicted bodily injury or harmed them in any way,” the CA said.
In sum, there is no sufficient evidence which clearly show that Noel committed grave misconduct and conduct prejudicial to the best interest of the service. Given the circumstances, Noel is only liable for simple misconduct for the reassignment.”
Associate Justices Alfonso Cruz and Mary Josephine Lazaro concurred. (PNA)
