DILG seeks clarification on 6-mos suspension of Aloguinsan leaders

CEBU, Philippines - The Department of Interior and Local Government (DILG) is seeking another clarification if the six-months suspension of the mayor and vice mayor of Aloguinsan town shall be implemented after their election in the May 13 elections to the same office where they have previously committed administrative misconduct.

The Office of the Ombudsman-Visayas in its decision dated April 14, 2010 imposed the suspension for six months against Mayor Cynthia Moreno and her husband, Vice Mayor Augustus Caesar Moreno.

However, the anti-graft office only issued the suspension order on February 11, 2013 which was already covered by the May 13, 2013 election period.

  This prompted DILG 7 regional director Ananias Villacorta to seek guidance on whether the Aguinaldo doctrine and the inception of the election period pose legal impediments in the implementation of the suspension order on respondents.

In the Aguinaldo case, the Supreme Court ruled that “a public official can not be removed for administrative misconduct committed during a prior term, since his re-lection to office operates as a condonation of the officer’s previous misconduct to the extent of cutting off the right to remove him therefore.”

Deputy Ombudsman for the Visayas Pelagio Apostol earlier ruled that with the jurisprudence, it appears that the Aguinaldo doctrine is not applicable on the present case since respondents were elected to different posts.

Apostol said that the term “re-election” denotes a public official’s re-assumption to the same position.

On May 2010 elections, Augustus Caesar was elected mayor while Cynthia was elected vice mayor.

“Thus, not having been elected to the same positions, they could not seek refuge from the Aguinaldo doctrine in the implementation of the six-months suspension order upon them,” Apostol said.

However, the Omnibus Election Code prohibits suspension of elective officials from office during the May 2013 election period from January 13 to June 12, 2013.

Villacorta in his letter dated June 20, 2013, again sought clarification whether or not the Aguinaldo doctrine is applicable this time in the light of the development in the recently concluded elections.

Villacorta informed Apostol that Cynthia was elected mayor while Augustus Caesar was elected vice mayor.

He said that it is not a second term per se, however, may be interpreted as a form of “re-election” to the same office where they have previously committed administrative misconduct.

The case stemmed from the administrative complaint filed by then Aloguinsan councilor Danilo Margallo in 2008 regarding the sale of two units used dump trucks in the amount of P150,000 allegedly without observing proper rules of the Commission on Audit.

Augustus Caesar told The Freeman that they are not aware of the case while Margallo said he is also waiting for the reply of the Ombudsman to the query of Villacorta. (FREEMAN)