Tuesday 22 January, 2019
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Bawal ang prangka! CA affirms sacking of Daraga secretary who revealed absence of copies of budget ordinance

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The Court of Appeals (CA) has affirmed the dismissal of the secretary of the Sangguniang Bayan (SB) of Daraga, Albay, who revealed in the minutes of a budget session that there were no copies of the full text of the ordinance.

In a 12-page decision, the CA 10th Division denied the appeal of Pompeyo Napay on the August 31, 2016 ruling of the Civil Service Commission (CSC), which sustained his December 5, 2014 termination by former Vice-Mayor Carlos Baylon.

The case arose from Napay’s comment in the minutes of the December 20, 2013 session: “But unfortunately 4 copies only. Copy of the full text of the same ordinance is not yet in sight.”

The SB on January 7, 2014 unanimously voted to order Napay to delete the comment, but the secretary walked out of the session without complying.

The CA agreed with the CSC that Napay was guilty of grave misconduct and gross insubordination.

It said his refusal to obey the SB “connotes a clear intent to violate the law and a flagrant disregard of established rules.”

The court added that as secretary, Napay “ought to properly record the minutes of the meetings without personal bias and unnecessary comments.”

“However, instead of faithfully recording the session and keeping it objective and truthful, petitioner opted to write his own comments and feelings in the minutes, which are useless and unnecessary in their service,” read the decision penned by Associate Justice Ronaldo Roberto Martin.

The CA also affirmed that Napay was guilty of conduct prejudicial to the best interest of the service, because his actions had an effect on the SB sessions, delaying progress in the councilor’s endeavors and projects.

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