Ombuds: town councilor guilty of misconduct Respondent escapes penalty, invokes Aguinaldo Doctrine

HILONGOS, LEYTE, Philippines — Incumbent Councilor Albert Villahermosa of this town was found by the Ombudsman guilty of misconduct in a case filed by private persons against him during his previous term as councilor in 2008, but he escaped serving the penalty of suspension from office by invoking the Aguinaldo Doctrine in his motion for reconsideration.

Under the Aguinaldo Doctrine, which applies only to administrative charges and not to criminal cases, reelected public officials are cleared of any liabilities from administrative charges filed against them during their previous term.

The Ombudsman, last September 19, informed the municipal mayor that the approved decision, dated March 12, 2010 and approved by the Tanodbayan on November 23, 2010, against Villahermosa was in connection with the administrative case docketed as OMB - V- 08-0282-G, filed by Victoriano Bibat et al.

The decision was signed by graft investigation and prosecution officer Irish Amores, reviewed by evaluation and investigation supervisor Euphemia Bacalso, recommended by Deputy Ombudsman for the Visayas Pelagio Apostol and approved by then Tanodbayan Merceditas Gutierrez. It found "substantial evidence to hold (Villahermosa) administratively guilty for simple misconduct, with a penalty of suspension for a month and a day."

Villahermosa, in filing an instant motion for reconsideration, invoked the Aguinaldo Doctrine by citing his reelection in May 2010 or after the commission of the act (July 2008), but the Ombudsman however denied his plea for exoneration of the instant administrative charge.

In granting the reconsideration plea, the Ombudsman clarified that Villahermosa's reelection should not be construed to mean that the earlier findings would be reversed, as "it shall only erase the penalties imposed on the respondent, it being deemed mooted, ...." This order, dated March 14, 2011 was signed by Amores, reviewed by Assistant Ombudsman Virginia Palanca Santiago and recommended by Apostol.

This case started in July 2008 when couple Victoriano and Luzviminda Bibat sent their two sons, Jacinto and Victoriano, Jr. - a minor, to erect perimeter posts around their property at Barangay Lamak in this town.

That same day late afternoon, the Bibat siblings reported to their parents that they were forcibly driven away by Villahermosa, his father Rogelio and two Hilongos policemen who entered the area and threatened them with harm by brandishing a bolo and uttering harsh words.

In their counter affidavits, Villahermosa and his father admitted they were in the place but denied they uttered threatening, coercive and abusive words. They insisted that they were very civil and courteous in asking the Bibat children why they were constructing structures in that lot, which they contended that they leased it from the Bibat family.

The Ombudsman however rejected the Villahermosa defense stating in its decision that, among other reasons, "it would be inconceivable that the Bibat children were the ones aggressive" ... more so that they were still young of age and one was still a minor.