CA downgrades penalties vs. Rosals

The Court of Appeals (CA) has downgraded the administrative penalties imposed by the Office of the Ombudsman on former Albay Governor Noel Rosal and Legazpi City Mayor Carmen Geraldine Rosal, ruling that the evidence did not justify their dismissal or one-year suspension from government service.

In a 15-page decision promulgated on 30 May 2025, the CA’s Fifteenth Division reversed in part the Ombudsman’s earlier ruling, which found the Rosals guilty of multiple administrative offenses over the controversial reassignment of provincial department heads and the appointment of an acting provincial engineer.

While the appellate court affirmed that irregularities occurred, it ruled that the maximum penalties initially imposed were not supported by substantial evidence.

The case stemmed from a complaint filed by media practitioner Adrian Loterte, who accused the Rosals and engineer Clemente Ibo of grave misconduct, oppression, and conduct prejudicial to the best interest of the service. He cited a series of office orders issued by Noel Rosal in mid-2022 that reassigned senior officials in the Albay provincial government and designated Ibo as acting provincial engineer and chair of the Bids and Awards Committee (BAC), allegedly in violation of civil service and procurement laws.

The Ombudsman had earlier dismissed Noel Rosal from public service for grave misconduct and suspended Carmen Rosal for one year for her role in Ibo’s secondment from the Legazpi City government to the provincial office.

However, the CA found that while the reassignments were improper and amounted to constructive dismissal, there was no substantial evidence that Noel Rosal acted with corruption, malice, or blatant disregard for the law.

“The reassignments were improper, but there is no proof that petitioner Noel Rosal was motivated by bad faith or corrupt intent,” the decision stated.

Noel Rosal was instead found guilty of simple misconduct and conduct prejudicial to the best interest of the service, which carries a maximum penalty of a one-year suspension. Carmen Rosal’s suspension was reduced to nine months, with the court citing the absence of aggravating circumstances.

If the Rosals are no longer in public office, their suspension penalties will be converted into fines equivalent to their salaries for the same period, payable to the Office of the Ombudsman.

All administrative charges against Clemente Ibo were previously dismissed for lack of merit.

The CA also addressed the Rosals’ argument that a temporary restraining order (TRO) issued by the Supreme Court in a separate disqualification case prevented it from acting on the administrative complaint. The appellate court rejected the claim, clarifying that the TRO only restrained the Commission on Elections (Comelec) from implementing its disqualification order and did not apply to the administrative case at hand.