MANILA — The Court of Appeals has upheld the dismissal of a municipal mayor in Batangas after finding him administratively liable for grave misconduct over delayed permit releases and involvement in an alleged bribery scheme.
In a 29-page decision penned by Associate Justice Selma Palacio Alaras, the Appellate Court affirmed the ruling of the Office of the Ombudsman against former Taysan Mayor Grande P. Gutierrez, citing substantial evidence that he violated government rules and engaged in corrupt practices.
The case stemmed from complaints filed by quarry operators who claimed their mayor’s permits were deliberately delayed despite payment of required fees. Records showed that while payments were completed in February 2020, the permits were issued only between June and August 2020—far beyond the 30-minute processing time mandated under the municipality’s Citizen’s Charter.
The Court ruled that the mayor’s failure to act promptly and to provide a written explanation for the delay violated Republic Act No. 11032, otherwise known as the “Ease of Doing Business and Efficient Government Service Delivery Act of 2018,” which requires government offices to act on applications within prescribed timelines and to justify any denial.
More significantly, the Court upheld the Ombudsman’s finding that Gutierrez demanded money and construction aggregates from applicants in exchange for the release of permits. Testimonies from several quarry operators detailed the alleged scheme, with witnesses admitting they gave payments to facilitate approval.
The Court gave weight to these statements, describing them as “admissions against interest,” which are considered credible since they expose the declarants to possible criminal liability.
Gutierrez’s defense—that delays were due to unpaid Real Property Taxes (RPT)—was rejected for lack of proof and failure to formally notify applicants of any deficiencies.
While the Ombudsman initially found the mayor liable for both grave misconduct and conduct prejudicial to the best interest of the service, the Court removed the latter, ruling that a separate charge is unnecessary when both arise from the same act.
It can be recalled that in the 2025 local elections, Gutierrez ran and won as councilor of the town of Taysan. And with this ruling of the Court of Appeals, Gutierrez was removed from such an office with accessory penalties including cancellation of eligibility, forfeiture of retirement benefits, bar from taking civil service examinations, and perpetual disqualification from holding any position in public office.| – Joenald M. Rayos
