SC upholds dismissal

The Supreme Court has sustained the decision of the Court of Appeals that found a municipal city mayor guilty of dishonesty and neglect of duty and affirmed the Office of the Ombudsman’s decision dismissing him from his post.

In a six-page resolution, the CA’s First Division denied the petition filed by Talitay, Maguindanao Mayor Montasir Sabal seeking the reversal of the CA’s decision issued on November 21, 2018 which junked the mayor’s petition assailing the Ombudsman’s order dismissing him from his post in 2017 and resolution dated November 6, 2019 denying his motion for reconsideration.

Sabal was named by President Rodrigo Duterte as among the country’s “narco-politicians” along with his brother and former Talitay vice mayor Abdul Wahab.

Wahab, who later became mayor of the municipality of Sultan Sumagka, formerly known as Talitay, was shot dead by a lone assailant in Malate, Manila.

In its ruling, the high court upheld with modification the CA’s decision by declaring Sabal guilty of dishonesty instead of serious dishonesty for submitting untruthful statements of assets, liabilities and net worth for the years 2014 and 2015 and guilty of simple neglect of duty for his failure to seek permission from the provincial governor of Maguindanao for his travels abroad on January 2, 2016 and August 28, 2016.

“Consequently, petitioner Montasir Meling Sabal is meted the penalty of dismissal with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office and bar from taking civil service examinations,” the SC ruled.

The petitioner is also facing charges before the Sandiganbayan for three counts each of perjury, violations of Section 7 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, and section 8 of RA 6713 otherwise known as “Code of Conduct and Ethical Standards for Public Officials and Employees” after failing to make a complete disclosure by not recognizing the residential lots owned by his wife and son.

The Ombudman earlier held that Sabal “misrepresented the contents of his SALNs” for failure to disclose his ownership of five real estate properties located in Doña Luisa and Buhangin in Davao City and Cotabato City.

Section 7 of RA 3019 and Sec. 8 of RA 6713 require the filing of a true and detailed SALN by every public official declaring their assets, liabilities and net worth, financial and business interests during each year of their incumbency, the Ombudsman added.