Illegal appointment raps vs TCC board members junked

CEBU, Philippines - For lack of probable cause, prosecutors have dismissed the criminal complaint for unlawful appointment against the Board of Trustees of the Talisay City College.

In resolving the complaint, Assistant City Prosecutor II Benjo Luther Macion said there is no evidence that the Board of Trustees headed by then Mayor Socrates Fernandez violated the law when it appointed Richel Bacaltos as officer-in-charge or acting president of TCC.

“From the foregoing, there is no dispute that the board is duly authorized to appoint an OIC/president of the TCC. In appointing respondent Bacaltos as officer-in-charge and acting president it by-passed any legal qualification required for that position as the name designation obviously refers to a temporary capacity,” the resolution reads.

Macion said Bacaltos will be the OIC and acting president of TCC based on the resolution passed by the board until such time that a full time president shall been appointed by the Board of Trustees.

“By such action, the board intends to appoint a permanent president of the TCC qualified by law to act in that capacity. The temporary nature/capacity of the appointment negates whatever qualifications that the office requires for the temporary appointee to hold as his appointment is subject to cancellation and termination when a full time officer and president shall be appointed by the board,” the resolution reads further.

Paulus Cañete who was elected president of  TCC by Talisay City Mayor Johnny Delos Reyes, pursuant to an Executive Order replacing Bacaltos, said the Board of Trustees appointed Bacaltos as acting president unlawfully.

He claimed that Bacaltos’ appointment was made even if there was “no search committee and a recommendation from that committee” and that Bacaltos was appointed despite the fact that he reportedly could not render full time service as required from a college president.

Aside from this, Cañete said Bacaltos does not possess the requisite qualifications to be a president under the guidelines provided by the Commission on Higher Education.

Dr. Marcelo Lopez, the president of Cebu Normal University, denied any wrongdoing in his counter-affidavit, claiming he was not in the meeting when Bacaltos was appointed. He also reportedly did not consent to the appointment.

Fernandez denied Cañete’s allegation. He said Bacaltos was appointed as OIC and acting president pending the appointment of a new president of the college. The other members of the board adopted Fernandez’ statement.

Bacaltos told The FREEMAN that a doctoral degree is one of the minimum requirements before one can be appointed as president. He is reportedly pursuing the same, he said, but because he was only appointed as OIC, the same negates the qualifications set. –/JMO (FREEMAN)