CEBU. The Court of Appeals (CA) has officially affirmed a one-year suspension for former Mandaue City Mayor Jonas Cortes, upholding a ruling by the Office of the Ombudsman that found him guilty of grave misconduct.
Court Ruling Details
In a decision released on December 2, 2025, the CA 14th Division denied Cortes' petition for review, supporting the Ombudsman's earlier verdict from August 12, 2024. The case revolves around Cortes' appointment of an officer in charge (OIC) who lacked the necessary qualifications for the position.
Since Cortes is no longer in office, the court stated that the one-year suspension is considered served. If the suspension cannot be fully implemented, it will be converted into a fine equivalent to one year of his basic salary. Notably, this penalty was imposed despite no allegations of corruption related to the appointment.
Background of the Complaint
The legal issue originated from a complaint filed in June 2023 by residents Sereno Gabayan Monsanto, Rosimay Cali Caling, and Annabel Dela Cerna Andebor. They accused Cortes of violating civil service laws by designating Camilo Basaca Jr. as the OIC of the City Social Welfare Services Office (CSWSO).
The complainants highlighted that Basaca did not possess a social work license or the required five years of experience in social work. At the time, Basaca was serving as an executive assistant II under a co-terminous appointment at the Office of the City Mayor. The Ombudsman later ruled that this status did not meet the criteria for a career position under the 2017 Omnibus Rules on Appointments and Other Human Resource Actions.
Basaca holds a Bachelor of Science in Office Administration. However, the head position at the CSWSO mandates a licensed social worker or a degree preferably in sociology or a related field.
Arguments and Judicial Findings
Cortes defended the appointment, arguing that Basaca had relevant experience through community work. He claimed the move was "urgently needed" for public service because other qualified individuals were already in essential roles they could not leave.
However, the Ombudsman described the designation as "highly irregular" and a breach of civil service regulations. The CA agreed, stating there was substantial evidence to support the Ombudsman's findings. The court also clarified that the Ombudsman has the authority to discipline public officers, rejecting Cortes' argument that only the Civil Service Commission could handle merit and qualification issues.
While Cortes was found guilty of grave misconduct and conduct prejudicial to the best interest of the service, earlier reports from August 2024 noted that the administrative case against Basaca himself was dismissed due to insufficient evidence.
