Talisay VM: Can’t implement Fernandez suspension yet

CEBU, Philippines- Talisay City Vice Mayor Romeo Villarante, who is the city council presiding officer, on friday said he cannot implement the 90-day suspension against City Councilor Socrates Fernandez.

The suspension was ordered by the anti-graft court in connection to a "neglect of duty" during his stint as city mayor.

Villarante told The FREEMAN that his office has not yet received the copy of the Ombudsman ordering the former mayor to be suspended from executing his job.

But since he did not receive the copy of the suspension, Villarante said he will allow Fernandez to continue discharge his function as legislator.

"I will not implement the order yet because I have not received the copy," Villarante said, adding that Fernandez will be filing a motion for reconsideration before the Ombudsman.

Villarante, a lawyer by profession, however, opted not to comment on the Aguinaldo's Doctrine wherein Fernandez was able to secure a fresh mandate as a city councilor during last year's elections.

Based on Aguinaldo vs. Commission on Elections, administrative liability of elected officials becomes moot upon their reelection.

The graft investigation and prosecution officer II Maria Corazon Vergara-Naraja said that evidence showed that there was enough ground to hold the former mayor of Talisay City administratively liable for allowing the use of a government vehicle to an employee without a trip ticket.

According to the decision, "clearly, respondent transgressed the aforementioned law and rules by allowing (Benedict) Gabasa on Sept. 13, 2010, to drive a government vehicle without a driver's license and without any trip ticket. His failure to ensure that only a licensed driver would drive the government vehicle issued to him reflects a neglectful attitude and a flagrant disregard of his responsibility as head of office."

The Public Assistance and Corruption Prevention Office of the Office of the Ombudsman initiated the filing of the complaint against Fernandez during his stint as mayor for allegedly allowing Gabasa, a job order employee of the city, to drive the vehicle without driver's license and any trip ticket.

Reportedly, the subject vehicle, a Toyota Revo bearing plate no. SGH 541 registered under the Talisay City government, was apprehended by policemen in Barangay Bulacao, Cebu City, upon being informed that it was used by Joavan Fernandez, the son of the respondent, after he allegedly figured in an "altercation with a foreigner at a mall in Cebu City."

Upon apprehension, police said they found out that Gabasa was actually driving the vehicle and there were no other passengers. Police also found drug paraphernalia inside.

Naraja ordered the elder Fernandez to submit his counter-affidavit to negate the allegations filed against him, but the respondent did not.

With the said facts, Naraja said there was substantial evidence to hold the councilor liable for simple neglect of duty.