THE Office of the Ombudsman has ordered the removal of Puerto Princesa City Mayor Lucilo Bayron after finding him guilty of grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service, for hiring his son to head an environmental task force three years ago.
The decision, dated Nov. 11, 2016 but released only recently, was penned by Assistant Ombudsman Jennifer Jardin Manalili with the approval of Ombudsman Conchita Carpio-Morales, based on an administrative complaint filed by Aldrin Madreo on Nov. 20, 2013.
Records showed that when Bayron became mayor of the capital city of Palawan in 2013, he contracted his son, Karl, to head the city’s Bantay Puerto VIP Security Task Force starting on July 1, 2013.
This was four months before they were sued by Madreo, who had noted the contract specifically alleged that Karl Bayron is not related “within the fourth degree of consanguinity to the appointing authority.”
Madreo proves that Karl is the biological son of the mayor by submitting a copy of the younger Bayron’s birth certificate.
The mayor and his son could not be reached for comment at presstime.
The Ombudsman junked the respondents’ claim that Madreo had no legal standing to file the complaint and that the Ombudsman has no jurisdiction over the case.
The anti-graft body likewise dismissed Bayron’s defense that being a contractual employee, Karl cannot be considered a “public officer” subject to the investigation of the Ombudsman.
While Karl’s appointment is subject to the exemption on the rule on nepotism as it involves “trust and confidence” between the appointee and the appointing authority, the Ombudsman said the Bayrons’ decision to conceal their relationship and in making a “false statement” in the contract of employment is a “deliberate violation” of “behavior expected among public officials and employees,” which is to state the truth.
“As for Lucilo [Bayron], the untruthful narration of facts was made with abuse of his office as city mayor as the hiring authority,” the decision stated.
“Respondents are likewise found guilty of grave misconduct… A misconduct is grave where the elements of corruption, clear intent to violate the law or flagrant disregard of established rules are present,” the Ombudsman added.
On careful evaluation, the Ombudsman said there was “substantial evidence” to find Bayron and his son guilty, with the principal penalty of the mayor’s removal from office.
The Ombudsman also slapped the accessory penalties of Bayron being barred from holding any public office in the future, cancellation of his civil service eligibility and the forfeiture of his retirement and other benefits.