Tuesday, June 13, 2017

Kalinga Governor Jocel Baac Suspended For Six Months For Misconduct And Abuse Of Authority

Kalinga Governor Jocel Baac has been suspended for six months. The suspension is the result of administrative and criminal cases lodged against him in 2015. He was accused of assaulting Matthew Matbagan, then an employee of the provincial office. The governor allegedly punched Matbagan in the face due to a misunderstanding about a resolution prepared by the provincial board members.

According to the suspension order, Governor Baac was "found administratively liable for simple misconduct, abuse of authority, and conduct prejudicial to the best interest of the office". The memorandum [a copy of which is provided below] calling for the immediate implementation of the suspension order was dated June 7, 2017.

In the meantime, Vice-Governor James Edduba will serve as Acting Governor while Shirlynne Alunday will serve as Acting Vice-Governor. The two have already taken their oaths for the said offices.

MEMORANDUM
TO: HON. JAMES S. EDDUBA, Vice Governor, Kalinga

SUBJECT: IMPLEMENTATION OF THE DECISION DATED 02 MARCH 2016 OF THE OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON IN OMB-L-A-15-0193 ENTITLED "ALLEN JESSE C. MANGAOANG, ET AL. VS. JOCEL COLLADO BAAC" (Governor, Kalinga)

DATE: June 7, 2017

In a Memorandum dated May 30, 2017, the Honorable Undersecretary for Local Government issued a directive for this level to cause the immediate implementation of the decision of the Deputy Ombudsman for Luzon dated March 2, 2016 (approved by Hon. Conchita Carpio Morales on April 10, 2017), the dispositive portion of which reads:

"WHEREFORE, finding substantial evidence, respondent JOCEL COLLADO BAAC is found administratively liable for Simple Misconduct, Abuse of Authority, and Conduct Prejudicial to the Best Interest of the Service and is meted the penalty of SUSPENSION FROM OFFICE FOR SIX (6) MONTHS WITHOUT PAY pursuant to Section 10, Rule III, Administrative Order No. 07, as amended by Administrative Order No. 17 in relation to Section 25 of Republic Act No. 6770. In The event, however, that the penalty of SUSPENSION can no longer be enforced due to respondent's separation from the service, the penalty shall be converted into a FINE in an amount of equivalent to his salary for six (6) months, payable to the Office of the Ombudsman, and may be deductible from his retirement benefits, accrued leave credits or any receivable from his office.

The Honorable Secretary of the Department of the Interior and Local Government (DILG) is hereby directed to implement this DECISION immediately upon receipt thereof pursuant to Section 7, Rule III of Administrative Order No. 07, as amended by Administrative Order No. 17 (Ombudsman Rules of Procedure) in relation to Memorandum Circular No. 01, Series of 2006 dated 11 April 2006, and to promptly inform this Office of the action thereon.

SO ORDERED."