Saturday 17 November, 2018
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CA affirms Tallado’s 6-month suspension for oppression of employees, applies abandonment of condonation doctrine

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Just as soon as he was allowed to return to work, Camarines Norte Governor Edgardo Tallado may have to serve a 6-month suspension again.

The Court of Appeals (CA) has sustained its August 24, 2017 decision finding Tallado administratively liable for oppression, in connection with his refusal to obey a Civil Service Commission (CSC) order to reinstate several provincial government employees.

The case arose from the CSC’s November 30, 2010 invalidation of Tallado’s July 23, 2010 memorandum that recalled the appointment of 48 employees, as only the agency had the power to do so.

The Supreme Court (SC) affirmed this in a March 9, 2015 resolution, and the CSC issued a writ of execution on April 23, 2015. Yet, Tallado failed to reinstate the affected personnel or pay their salaries.

This prompted the employees—Milline Marie Belarma-dela Cruz, Mark Anthony Mago, Maria Joannelle Crisostomo and Shanta Valenciano-Baraquiel—to file a complaint before the Ombudsman, which on April 18, 2016 dismissed Tallado from service for grave misconduct.

The CA downgraded the penalty to suspension for oppression or abuse of authority. Still not contented, Tallado filed a motion for reconsideration invoking the condonation doctrine.

The court, however, maintained its ruling and said Tallado’s reelection in May 2016 would no longer “condone” his administrative liability because the Supreme Court’s prospective abandonment of the doctrine attained finality on April 12 that year.

Tallado argued that the CA retroactively applied the abandonment of the doctrine since his alleged offense took place from April 2015.

But, the CA insisted on the correctness of its interpretation “unless the Supreme Court interprets the prospective application of the condonation doctrine the way petitioner interprets it.”

The resolution was penned by Associate Justice Rosmari Carandang.

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