The Court of Appeals (CA) has reversed the 2023 ruling of the Office of the Ombudsman on the dismissal of Manila International Airport Authority (MIAA) General Manager Cesar Chiong and Assistant General Manager Irene Montalbo.
The appelate court reversed the 2023 ruling of the Ombudsman regarding the dismissal of the said two officials for having reassigned more than 200 airport personnel.
In a 13-page decision promulgated on March 21, the CA’s 13th Division ruled to “reverse and set aside” the Aug. 1, 2023 Ombudsman decision that ordered the dismissal of Chiong and Montalbo for for grave abuse of authority, misconduc and conduct prejudicial to the best interest of the service.
The CA said that the case concerning the reassignment of 285 MIAA employees as well as Chiong’s designation of Montalbo as acting assistant general manager is “an act involving human resource movement in the Civil Service.”
“Consequently, when the Ombudsman assumed jurisdiction over the complaint and proceeded to rule on the case without the prior ruling of the CSC (Civil Service Commission), the assailed decision should be struck down for prematurity and lack of factual legal bases. On this ground alone, We resolve to grant the instant petition,” the CA said.
The CA reminded that there is a memorandum of agreement (MOA) between the Ombudsman and the Civil Service Commission concerning the jurisdiction of cases, saying: “Granting that the Ombudsman made an independent examination of the reassignments from the perspective of grave abuse of authority or oppression, we find the Decision to lack factual basis and substantial support in evidence.”
