By CESAR JOLITO III
Negros Occidental Provincial Tourism Officer Cheryl Decena and two of her co-respondents have filed a motion for reconsideration (MR) questioning the six-month suspension imposed on them by the provincial government for simple neglect of duty.
Decena, together with April Love Wee and Ester Ignacio, in their motion filed on Thursday, November 6, argued that their constitutional right to due process was violated after they were charged under the 2017 Revised Administrative Cases in the Civil Service (RACCS) but penalized under the 2025 RACCS.
They also pointed out that the disciplining authority failed to consider mitigating circumstances as required by the rules, such as their length of government service and the fact that this was their first administrative offense.
According to the motion, these omissions — combined with the addition of “supposed aggravating circumstances” under the newer RACCS — resulted in the imposition of the maximum penalty of six months’ suspension without pay.
The case stemmed from alleged irregularities and delays in the remittance of cash advances at the Mambukal Resort and Wildlife Sanctuary in Murcia in 2023, when Decena served as officer-in-charge.
The provincial government said the lapses reportedly led to the mismanagement and loss of about P3.5 million.
Also included in the suspension order were Mark dela Cruz, storekeeper and disbursing officer, and Alfredo Tolosa III, also a disbursing officer.
Incomplete report, unanswered requests
In their motion, Decena and her co-respondents also questioned the basis of the findings, saying the data used against them were derived from an initial and incomplete report.
“Our repeated requests for a copy of the final report have fallen on deaf ears,” the employees said.
Decena maintained that documentary evidence contradicts the claims of mismanagement, asserting that liquidations were submitted on time and that Mambukal Resort even posted an initial income of P9 million during the period in question.
The respondents have appealed to Governor Eugenio Jose Lacson to allow an independent legal review of the case, expressing hope that it will eventually be dismissed.
“There are long-serving employees who have given their years to public service, yet now face penalties based on incomplete reports,” Decena said.
“We hope for fairness and a thorough evaluation of the facts,” she added./CJ, WDJ