MalacaÑang said on Friday that it would still enforce the dismissal of former Commission on Higher Education executive director Julito Vitriolo despite his insistence to resume his functions following a Court of Appeals decision reinstating him.
In a news briefing Thursday, Presidential Spokesperson Ernesto Abella said that “the decision or order of the Ombudsman remains executory, notwithstanding any other decision of the Court of Appeals, which has not yet attained finality,” citing guidance from the Office of the Executive Secretary and the Senior Deputy Executive Secretary.
Abella’s pronouncement comes after a Sept. 19 official communication from acting executive secretary Menardo I. Gueverra to CHED, ordering CHED to affirm Vitriolo’s dismissal.
Malacañang explained that “[a]s a rule, a judgment, final order, or resolution rendered by the CA may only be executed upon its finality. In the exceptional circumstances where the CA itself orders its decision to be immediately executory, they remain subject to the provisions on discretionary execution.”
CHED chairperson Patricia Licuanan maintained that Karol Mark Yee, who was appointed by the Palace last July, will remain as Executive Director.
Licuanan had earlier released a directive recognizing Yee as the Executive Director of the Commission, stating that all memoranda issued and circulated, documents transmitted, and communication signed by Vitriolo “shall have no legal effect whatsoever and is considered null and void ab initio.”
Vitriolo was dismissed last January 2017 by the Office of the Ombudsman after being found guilty of grave misconduct, gross neglect of duty, incompetence and inefficiency.
The Court of Appeals modified the decision of the Ombudsman in August, finding the penalty of dismissal to be harsh and reducing the same to a one month suspension.
Yee, previously the Program Director of the CHED K to 12 Transition Program, was appointed by President Rodrigo Roa Duterte as Executive Director IV, replacing Vitriolo, last July 14, 2017.
He assumed the position in July 19, 2017 and has since served as CHED Executive Director.