TACLOBAN CITY — The Court of Appeals Fifth Division has maintained its earlier ruling reversing the Ombudsman’s order suspending former Palompon, Leyte Mayor Ramon C. Oñate.

In a decision dated February 16, the appellate court denied the motion for reconsideration filed by former Palompon councilor Henry Encarnacion, who sought to overturn the CA’s earlier decision.

The case stemmed from a September 12, 2024 Ombudsman ruling that found Oñate guilty of “conduct prejudicial to the interest of service and of simple neglect of duty” and imposed a one-year suspension without pay.

The complaint originated on October 18, 2023 when Encarnacion accused then-mayor Oñate of allegedly using his position and conspiring with other local government officials to push for the updating and approval of a defective Comprehensive Land Use Plan for Palompon.

Encarnacion claimed the CLUP was approved despite the absence of a Forest Land Use Plan, allegedly to favor Oñate’s business interests in Barangay San Joaquin.

He further alleged that Barangay San Joaquin “was conveniently and erroneously classified as an industrial zone,” effectively removing it from the Palompon Watershed Forest Reserve and shielding DBSN Farms, owned by Lourdes Oñate, from alleged environmental violations.

In its July 12, 2025 ruling, the CA said the Palompon municipal council and the Leyte Provincial Board approved the CLUP, actions presumed regular in the performance of their official duties. The court noted it is presumed that the bodies evaluated the documents presented to them.

The appellate court said Encarnacion failed to present evidence showing that Oñate influenced either the municipal or provincial councils to approve the CLUP.

In denying the motion for reconsideration, the CA said Encarnacion did not raise any new matters and described his petition as a “mere reiteration of recycled and previously rejected arguments.”

Encarnacion had earlier filed a separate complaint accusing Oñate of illegally using municipal funds for a road project, which the Ombudsman dismissed in March 2023.

He also ran for municipal council in the 2022 and 2025 local elections but failed to secure a seat in both contests.