December
13, 2017
MANILA
-- Ombudsman Conchita Carpio Morales has ordered the Secretary of the
Department of Finance (DOF) to suspend Dapitan City treasurer Medelyn Pacatang
for one year without pay after she was found guilty of two counts of simple
misconduct, two counts of violation of reasonable office rules and regulations,
and gross insubordination.
In
case the penalty of suspension can no longer be implemented due to separation
from service, the penalty is convertible to a fine equivalent to the
respondent’s one year salary.
In
its probe, the Ombudsman found that the respondent patently declined to pay the
salaries of two newly-appointed personnel despite the directive of Dapitan City
Mayor Rosalina Jalosjos.
As
a defense, Pacatang justified the refusal to process the salaries in view of
her own interpretation of the Civil Service Law and Rules, particularly the
Revised Omnibus Rules on Appointments and other Personnel Action.
The
respondent also refused to follow the mayor’s directive for all city government
employees to use the biometric machine system, attend the flag-raising
ceremony, and wear the prescribed office uniform.
In
its ruling, the Ombudsman said Pacatang’s adamant refusal to pay the salaries
of the employees without justifiable reason and her mere reliance on her
misguided interpretation of the civil service rules “is a clear defiance and
violation of the established rules, which constitute Simple Misconduct, in the
absence of the elements qualifying the same to Grave Misconduct.”