The Office of the Ombudsman has ordered the one month suspension of Regional Secretary Myra Mangkabung of Department of Science and Technology (DOST) in Cotabato City, Autonomous Region in Muslim Mindanao (ARMM) after she was found guilty of Simple Misconduct.
In 2016, DOST Supervising Science Research Specialist Bai Lina Sanson filed a complaint over the respondent’s issuance of Special Order No. 040-ORS (Series of 2016), re-assigning her to the Provincial S and T Center (PSTC)-Basilan. Sanson requested for reconsideration of the reassignment but Mangkabung failed to reply or act on it.
In her counter-affidavit, respondent claimed that the reply to the complainant’s request is implied in her Memorandum dated 23 August 2016, which details the final call for the complainant to report to PSTC-Basilan. Mangkabung also claimed that the reassignment order should be considered as an act of the regional governor, despite her not being confirmed by the Regional Legislative Assembly as DOST-ARMM’s regional secretary.
However, the Civil Service Commission-ARMM ruled that a regional secretary who is not yet confirmed cannot effect personnel actions and movement in his/her agency without the concurrence of the regional governor.
In its Decision, the Ombudsman stated that, “it is clear that respondent Mangkabung, being an unconfirmed Regional Secretary, had no authority to cause the reassignment of complainant to PSTC-Basilan, although she may recommend such action to the Regional Governor.”
“Nonetheless, it was not established that respondent Mangkabung was motivated by bad faith, ill-will or malice as it appears that these acts were done on the belief that she had the authority to do so as part of her mere administrative functions. As such, the said acts only constitute Simple Misconduct in the absence of the elements of Grave Misconduct,” the Ombudsman added.
Simple Misconduct is defined as a transgression of some established rule of action, an unlawful behavior, or negligence committed by a public officer. ###