CA junks raps vs Pasay vice mayor

The Court of Appeals (CA) has ruled that the administrative charges against Pasay Vice Mayor Antonino Calixto in connection with was rendered “moot and academic” by his re-election last May.

In an eight-page ruling penned by Associate Justice Ramon Bato, Jr., the CA’s Sixth Division said there would be no practical use or value in ruling on a petition filed by Calixto seeking the nullification of the Office of the Ombudsman’s Jan. 12, 2007 resolution ordering his dismissal along with Pasay City Mayor Wenceslao Trinidad and several city councilors.

“Under the moot and academic doctrine, courts will abstain from expressing its opinion or resolving the case on the merits... Taking into account that the 13th Division of this Court dismissed on June 28, 2007 for being moot and academic because petitioner was re-elected on  May 14, 2007, thereby obliterating his administrative liability, we unanimously voted to dismiss the instant petition assailing the immediate implementation of the Ombudsman decision dated Jan. 12,  2007 for being moot and academic,” the CA said.

Barangay captain Juanito Delmendo filed a graft complaint before the Office of the Ombudsman, accusing Calixto and other Pasay City officials of conspiring in entering into contracts amounting to P232.3 million for garbage collection and disposal for a period of almost two years – from February 2004 to December 2005 – without a public bidding, in violation of the Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, and RA 9184 or the Government Procurement Reform Act.

The CA also granted Calixto’s motion to release the P200,000 cash bond he had earlier posted.

Meanwhile, the CA also ordered the dismissal of the administrative complaint against Manila District 2 Councilor Abelardo Viceo due to his re-election last May.

In an eight-page decision, the CA granted Viceo’s motion for reconsideration of its June 5, 2007 decision that affirmed the ruling of the Office of the Ombudsman ordering his dismissal and permanently banning him from seeking re-employment in the government service for violation of the anti-graft law.

“Current judicial doctrine peculiar to administrative cases such as the one at bar holds that a re-elected local official may not be held administratively accountable for misconduct committed during his prior term of office. The rationale for this holding is that when the electorate put him back into office, it is presumed that it did so with full knowledge of his life and character, including his past misconduct,” the CA said.

“If, armed with such knowledge, it still re-elects him, the such re-election is considered condonation of his past misdeeds,” the CA added.

Viceo, who was reelected for another three-year-term, was found guilty of grave misconduct by the Ombudsman for allegedly demanding P1.2 million from Cleotilde Flavier, president of the Abucay Market Corp. in exchange for a favorable action on the renewal of her market franchise.

According to the Office of the Ombudsman, Viceo – as vice chair of the city council’s committee on utility and franchise – tried to freeze Flavier’s application for franchise by requiring an extensive research before taking an action on matter.

The move, according to the Office of the Ombudsman, was intended to harass Flavier into giving in to Viceo’s demand.

In dismissing the administrative complaint against Viceo, the CA noted that the dismissal is without prejudice to the filing or continuation of any civil or criminal action against Viceo in connection with the issue.