Ex-Albay gov Rosal dismissed from service, barred from holding public office

The Office of the Ombudsman has dismissed former Albay governor Noel Rosal from service and permanently barred him from holding any public office due to illegal reassignment of personnel.

In a 22-page resolution dated August 29 but only released on Thursday, September 5, the Ombudsman said it found Rosal guilty of grave misconduct and oppression over his decision to reassign without justification three department heads to lower ranked positions in different offices. 

The Ombudsman said the reassignment of these individuals is invalid as it violates Section 13.a of the Omnibus Rules on Appointments and Other Human Resource Actions, which states that a diminution in rank, status or salary is enough to invalidate a reassignment.

According to the Ombudsman, the three reassigned personnel "were unceremoniously deprived of their powers of supervision over the employees who are part of their staff and their subordinates, thus resulting in the diminution of their status as Department Heads."

"The fact that they were later on reinstated to their former positions does not erase the truth that they were invalidly reassigned," it added.

The Ombudsman also pointed out that the office orders issued by Rosal for reassigning the three did not state their duties and responsibilities.

"For sure, these office orders, which failed to define or enumerate the kind and extent of service or assistance to be rendered by the reassignees resulted in their constructive dismissal. In ordering the above-described reassignments, Rosal flagrantly disregarded the CSC (Civil Service Commission) rules and guidelines on reassignment. Thus, he should be held liable for grave misconduct," the Ombudsman said.

"He likewise acted with excessive use of authority and therefore, should also be held liable for Oppression. Rosal's infraction further constitutes Conduct Prejudicial to the Best Interest of the Interest Service."

Rosal's defense

In his defense, Rosal said as governor he is authorized to reassign officials to ensure that they are performing, and that the complainant, identified as Adrian Loterte, does not have the legal standing to question the reassignments he ordered.

Rosal also said the reassignment orders he issued were never questioned by the affected personnel and was never invalidated by the Civil Service Commission.

The Ombudsman, however, said the absence of questioning by the affected personnel does not negate the fact that their reassignments were tantamount to their constructive dismissal and violated their security of tenure and have jeopardized the day-to-day operations of the Albay provincial government and hampered the delivery of services to the public.

"The fact that the department heads reassigned did not question their reassignment before the CSC does not preclude this office from examining these reassignments from the perspective of harassment and oppression and from making its own findings on the validity of the respondents' actions," the Ombudsman said.

It also said a private complainant in an administrative case is not an issue because ultimately, the offended party is the government.

Rosal won as Albay governor in the 2022 elections but was later on disqualified by the Commission on Elections (Comelec) for supposedly violating the election spending ban. Vice Governor Edcel Greco Lagman took over as governor. —KBK, GMA Integrated News