NOTE: THIS STORY WAS FIRST PUBLISHED IN THE BOHOL CHRONICLE’S SUNDAY PRINT EDITION.
Dismissed Dauis mayor Marietta Tocmo-Sumaylo is set to be reinstated as the town’s top executive after the Office of the Ombudsman reversed its decision which ousted her from public service barely a month ago.
To recall, in a Decision dated February 7, 2025, the Ombudsman found Sumaylo guilty of grave misconduct and gross neglect of duty for issuing a business permit to the Dauis Cockpit Arena in June 2022 despite the absence of a valid legislative franchise and penalized Sumaylo with dismissal from her office as mayor, cancellation of civil service eligibility, forfeiture of retirement benefits, and perpetual disqualification from holding public office.
However, in an Order dated August 13, 2025 which was released recently, the Ombudsman overturned its ruling by granting the motion for reconsideration filed by Sumaylo’s lawyer, Atty. Lord Marapao IV, stating that the mayor has exercised good faith in issuing the cockpit arena’s permit and that there was no willful or deliberate intent on her part to violate the municipal franchise ordinance by requiring the permittee to secure a cockpit franchise.
According to the Ombudsman, there was no willful intent on the part of Sumaylo to disregard the law as the permit she issued to the cockpit arena even indicated that in the event the permittee violates provisions of laws, rules and regulations and other subsequent ordinances of Dauis, the permit will be revoked anytime.
“[Sumaylo] has taken steps to abide by the franchise policy by requiring the permittee to execute a sworn undertaking that it will participate in the franchise bidding and submit for revocation of its permit should it fail to secure a franchise.”
The Ombudsman however noted that despite this indication of good faith, Sumaylo is still liable for simple neglect of duty due to her failure to implement the conditions stated in the permit when she did not revoke it despite violations.
Simple neglect of duty carries a penalty of one month suspension without pay.
According to Atty. Marapao, given that Sumaylo stepped down as mayor more than a month ago, she is deemed to have served the one-month suspension imposed by the Ombudsman and may now be reinstated back to her position as mayor of the Municipality of Dauis.
Aside from the administrative case, Sumaylo was also charged for violating Section 3(j) of the Anti-Graft and Corrupt Practices Act (RA 3019) in which the Ombudsman found probable cause to indict her of said criminal offense in a Resolution dated July 18, 2025.
But in a separate Order dated August 18, 2025, the Ombudsman likewise reversed its earlier ruling by dismissing the criminal charge.
By taking steps to abide by the franchise policy, particularly by indicating conditions in the permit issued to the cockpit arena, Sumaylo shows that she was not motivated by any willful intent and conscious volition to perpetrate the commission of a crime.