BORBON, Cebu — The Court of Appeals (CA) has reinstated Borbon Vice Mayor Noel Taylaran Dotillos after overturning the Office of the Ombudsman’s dismissal order for grave misconduct.
In an 11-page decision promulgated on Feb. 12, the CA’s 20th Division granted Dotillos’ petition for review and reversed the Ombudsman’s July 18, 2025 ruling in Case No. OMB-V-A-SEP-24-0163, which had removed him from government service.
The Ombudsman previously found Dotillos administratively liable for releasing P570,000 in anniversary bonuses to municipal employees in 2019 without a proper appropriation ordinance and for hiring his wife, Dr. Corazon Dotillos, as municipal health officer under a contract of service without prior authorization from the Sangguniang Bayan.
The appellate court ruled that the evidence did not establish the elements of grave misconduct.
“After a careful review of the case records, we find the petitioner to be absolved of the charge of grave misconduct,” the decision read.
The charges partly arose from the release of a P10,000 anniversary bonus to municipal employees on March 28, 2019, following the passage of Resolution 75 by the Borbon Sangguniang Bayan.
The Ombudsman said that the bonus, totaling P570,000, lacked a proper appropriation ordinance as required under Section 344 of the Local Government Code.
However, the CA found that Dotillos acted in good faith when he authorized the release.
Records showed he relied on Sangguniang Bayan Resolution 75, Obligation Requests signed by department heads and a certification from the municipal budget officer confirming the existence of available appropriation.
The court also cited the Independent Auditor’s Report and Executive Summary for calendar year 2019, which did not reflect any adverse audit finding or Notice of Disallowance related to the bonus disbursement.
While the CA acknowledged that Resolution 75 did not have the legal effect of an appropriation ordinance, it ruled that reliance on official documents and certifications did not amount to grave misconduct.
It said that substantial evidence must show corruption, clear intent to violate the law or flagrant disregard of established rules.
“We stress that these documents alone do not, by themselves, constitute Grave Misconduct. There is no showing of the petitioner’s corrupt motives, and there is no willful intent on the part of the petitioner to violate the law and to personally gain from such disbursement,” a portion of the decision read.
On the second issue, the Ombudsman found Dotillos liable for hiring his wife under a contract of service dated April 15, 2024, covering the period from April 18 to Oct. 18, 2024, without prior authorization from the Sangguniang Bayan, citing Section 22(c) of the Local Government Code.
The CA ruled that the subsequent passage of Resolution 186 on Oct. 7, 2024, effectively ratified the contract.
The court explained that ratification serves as confirmation after the act and substitutes for prior authority, noting that the council voluntarily adopted and confirmed the contract of service.
The appellate court declared that no substantial evidence showed that Dotillos acted with corruption, willful intent to violate the law or flagrant disregard of established rules.
The CA also upheld its jurisdiction over the case. It noted that Dotillos received the Ombudsman’s decision on Oct. 25 and filed a motion for reconsideration within the reglementary period.
When the Ombudsman failed to resolve the motion within the prescribed time, he withdrew it and filed a petition for review before the CA within the 15-day period allowed under the Rules of Court.
Respondent Emar Bascon Cuico argued that the withdrawal of the motion rendered the Ombudsman’s decision final and executory, but the CA rejected the claim and granted the petition.
In its earlier ruling signed by then-Ombudsman Samuel Martires, the Ombudsman ordered Dotillos’ dismissal from service, along with accessory penalties that included cancellation of civil service eligibility, perpetual disqualification from holding public office, forfeiture of retirement benefits and a bar from taking civil service examinations.
The decision also provided that if dismissal could no longer be enforced, the penalty would be converted into a fine equivalent to one year salary.
The complaint originated from Borbon resident Emar Bascon Cuico, who accused Dotillos of releasing the 2019 bonuses without proper appropriation and hiring his wife without council approval.
Complaints against other municipal officials were dismissed for lack of evidence.
Following the ruling, Dotillos posted on social media: “You will always win when you move with genuine intentions! To God be the glory.”
His son, Borbon Mayor Nico Dotillos, also welcomed the decision, saying, “Justice prevails.”
The ruling allows Dotillos to immediately return to the vice mayor’s office.
