THE Department of the Interior and Local Government was criticized on Tuesday over the unenforced suspension of Puerto Princesa City Mayor Lucilo Bayron and his son Karl Bayron over charges of grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service.
In a three-page letter, complainant Aldrin Madreo urged the DILG to implement the suspension order of Ombudsman Conchita Carpio-Morales and demanded an explanation why it has not yet been enforced.
“It has been more than 14 days from when the said decision was received by the Department on Jan. 23, 2017, and yet the order remains unimplemented,” said Madreo’s lawyer Jeremiah Belgica.
“Based on the information that we have gathered, the memorandum from the implementation of the said order has been pending with the office of the Regional Director of Mimaropa,” Belgica said.
Morales approved the recommendation of a panel of investigators that found the Bayrons guilty of concealing their kinship when the mayor’s son declared in his July 1, 2013 contract of service that he “is not related within the fourth degree of consanguinity/affinity with the hiring authority.”
In the ruling, the Ombudsman stressed as public officials, the Bayrons were under obligation to disclose the truth as required by the public nature of the contract.
It held that the confidential nature of the position did not mean it was exempt from full disclosure as it was still necessary for the respondents to do so to enable authorities to determine if an appointment fell under the exception.
Belgica reminded the DILG that the decision of the Ombudsman in administrative cases is immediately enforceable regardless of a pending appeal.
“The Supreme Court in the case of Ombudsman vs. Samaniego held that the decision of the Ombudsman is immediately executory pending appeal and may not be stayed by the filing of an appeal or the issuance of an injunctive writ,” he added.
The older Bayron facilitated the appointment of his son as the project manager of the Bantay Puerto-VIP Security Task Force. The father and son were found administratively liable for the Ombudsman.
Court records showed Lucilo entered into a contract of service with Karl who was hired as a project manager from July 1, 2013 until Dec. 31, 2013, with a monthly salary of P16,000 paid out of the city coffers.
The contract “clearly” stated the parties attested that Karl “is not related with the fourth degree of consanguinity or affinity with the hiring authority.”
Apart from the dismissal order, the Bayrons were also meted the accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility and forfeiture of retirement benefits.