Ombuds: Failure to Comply Order is Ground for Dismissal

The Office of the Ombudsman gave the officials of different government agencies a lesson that they can be dismissed from the active service if they just ignore an order directing them to dismiss their erring personnel.

Dr. Bernardino Vicente, medical director of the National Center for Mental Health (NCMH), has been ordered dismissed from the active service for refusing to implement orders of the Office of the Ombudsman.

Records showed that in September 2008, the Ombudsman issued an order preventively suspend NCMH Chief Administrative Officer Clarita Aguilar pending the outcome of the investigation of her administrative case.

Ombudsman Conchita Carpio Morales explained that as head of the hospital, Vicente should implement the preventive suspension order issued by the anti-graft body.

The Office of Legal Affairs wrote Dr. Vicente informing him that the preventive suspension order is immediately executory and that failure to enforce the order is a ground for disciplinary action.

It was reported that the medical director did not implement the Ombudsman’s order for the reason that Aguilar had filed an appeal of the order preventively suspending her from the service.

The Ombudsman denied Aguilar’s motion for reconsideration and Vicente was again directed to implement the preventive suspension order and to submit proof of compliance, but again he failed.

Eventually, in September 2010, Aguilar was found guilty of violating Section 8 of the Code of Conduct and Ethical Standards for Public Officials and Employees and was imposed the penalty of one year suspension without pay.

Once again, Vicente failed to comply with the directive of implementation and compliance. Instead, Dr. Vicente allowed Aguilar to avail of a housing privileges during the period of preventive suspension.

The Ombudsman’s resolution stated that Vicente’s refusal to comply with the repeated directive demonstrated his “willful and flagrant disregard of established rule.”

Morales reminded all public officials of Section 7 of Rule III of the Administrative Order No. 7, which provides that “the refusal or failure by any officer without just cause to comply with an order of the Office of the Ombudsman to remove, suspend, demote, fine or censure shall be a ground for disciplinary action against said officer.”