The Office of the Ombudsman has ordered the two-month suspension of Mayor Roy Encallado of Margosatubig, Zamboanga del Sur after he was found guilty of Simple Misconduct.
Investigators found that Encallado caused the reassignment of two municipal employees who were employed at the Office of the Sangguniang Bayan. The illegality of the reassignment stems from the provision in the Local Government Code which states that “the power to appoint the employees of the SB is lodged with the vice-mayor.” Thus, while Encallado has the authority to appoint and take personnel actions of his unit, this does not extend to the employees of the SB.
Misconduct has been defined as a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by a public officer.###