Aguinaldo Doctrine clears kagawad of misconduct

CEBU, Philippines - Despite finding sufficient evidence to hold former Lahug barangay councilman Romeo Burden guilty of grave misconduct, the Office of the Ombudsman-Visayas was forced to dismiss the case against him for being moot and academic.

Ombudsman graft investigator Portia Pacquiao-Suson recommended for the dismissal of the case against Burden based on the Aguinaldo Doctrine that extinguishes administrative infractions committed by elected officials in his previous term of office.

In Suson’s recommendation, which overall deputy ombudsman Orlando Casimiro approved on November 28, 2008, she found “substantial evidence” against Burden for grave misconduct.

The case stemmed from the complaint filed by barangay captain Mary Ann de los Santos and the barangay council over Burden’s misconduct in September 2006 wherein he broke the glass window of the barangay hall and the headlight of the service vehicle of the barangay.

Burden allegedly went to the barangay hall on the evening of September 17, 2006 very drunk and struck a glass window panel with a rock causing it to break. Burden likewise broke a framed poster in the barangay hall and the headlight of their service vehicle.

In his counter-affidavit Burden admitted having broken the window but denied intentionally doing it.

 Burden said while having conversation with the two barangay tanods he punctuated a gesture with his fist and accidentally hit the glass causing it to break.

He denied responsibility of the damage to the service vehicle and the framed poster in the barangay hall.

But, the anti-graft office said the evidence was sufficient that Burden is guilty of the offense charged.

However, the Ombudsman was constrained to dismiss the case because his term of office has already ended.

“While this office finds substantial evidence against respondent for the offense charged, information gathered by this office disclosed that respondent’s term of office has already ended.

Hence, the present case is deemed moot and academic,” the Ombudsman ruled. — Fred P. Languido/BRP (THE FREEMAN)