After months of legal battle, Borbon Vice Mayor Noel Dotillos is set to return to office following a Court of Appeals (CA) decision reversing his dismissal for alleged grave misconduct.
In an 11-page ruling issued on February 12, 2026, the CA granted Dotillos’ petition for review, effectively nullifying the Ombudsman’s July 18, 2025 decision that had ordered his removal from government service.
The case involved two administrative issues: the release of a P570,000 anniversary bonus to municipal employees in 2019, and the hiring of Dotillos’ wife, Dr. Corazon Dotillos, as municipal health officer in 2024 without prior authorization from the Sangguniang Bayan (SB).
The CA concluded that there was no substantial evidence proving grave misconduct on Dotillos’ part.
The court clarified that for an act to constitute grave misconduct, there must be proof of corruption, clear intent to violate the law, or flagrant disregard of established rules.
None of these elements were present in this case.
“After a careful review of the case records, we find petitioner to be absolved of the charge of Grave Misconduct,” the decision read.
The Ombudsman had originally held that Dotillos violated the law by releasing P10,000 per employee as an anniversary bonus on March 28, 2019, following the passage of Resolution No. 75 by the Borbon Sangguniang Bayan.
According to the July 2025 ruling, the bonus release lacked a proper appropriation ordinance under Section 344 of the Local Government Code, prompting the dismissal order.
However, the CA noted that Dotillos acted in good faith. He relied on Obligation Requests signed by department heads and a certification from the municipal budget officer confirming available funds.
The court also referenced the Independent Auditor’s Report and Executive Summary for 2019, which showed no adverse audit findings or notices of disallowance regarding the bonus.
“While Resolution No. 75 did not have the legal effect of an appropriation ordinance, reliance on official documents and certifications does not amount to grave misconduct,” the appellate court said.
“It may have been an error of judgment, but not one attended by corrupt motive or willful intent to violate the law.
There is no showing of petitioner’s corrupt motives, and there is no willful intent to personally gain from such disbursement.”
The second matter concerned the hiring of Dotillos’ wife as municipal health officer under a contract of service dated April 15, 2024, covering April 18 to October 18, 2024.
The Ombudsman initially found Dotillos administratively liable for entering into the contract without prior SB approval, citing Section 22(c) of the Local Government Code.
The CA, however, ruled that the subsequent passage of Resolution No. 186 on October 7, 2024 effectively ratified the contract.
The court explained that ratification acts as post-facto confirmation, substituting for prior authority.
By adopting Resolution No. 186, the Sangguniang Bayan voluntarily confirmed the contract, removing any legal liability from Dotillos.
“Thus, no substantial evidence was presented to show that Dotillos acted with corruption, willful intent to violate the law, or flagrant disregard of established rules,” the decision stated.
The CA also addressed jurisdictional questions raised by complainant Emar Bascon Cuico, dismissing claims that the court lacked authority over the petition.
Dotillos had initially filed a motion for reconsideration within the prescribed period..
After the Ombudsman did not act, he withdrew the motion and elevated the case to the CA, which accepted the petition.
Arguments that the withdrawal rendered the Ombudsman’s ruling final were rejected as “preposterous” by the appellate court, confirming that Dotillos’ petition fell within the 15-day limit under the Rules of Court.
The original penalty imposed by the Ombudsman included dismissal from service, cancellation of eligibility, perpetual disqualification from public office, forfeiture of retirement benefits, and a bar from civil service exams.
Dotillos posted on social media: “You will always win when you move with genuine intent. To God be the Glory.” (SBA)
