CEBU, Philippines — The Sandiganbayan Special Third Division has dismissed the criminal case filed against former Barili mayor Teresito Mariñas for allegedly appointing his brother as a Human Resource Management Officer (HRMO).
Presiding Justice Amparo Cabotaje-Tang, in her penned decision, found no evidence that would establish Mariñas has indeed exercised any nepotistic discretion when he issued a special assignment to his brother, Aniceto, to perform the duties of the HRMO/personnel officer.
"Wherefore, Teresito P. Mariñas is acquitted of the crime of nepotism for the failure of the prosecution to prove his guilt beyond reasonable doubt," read the decision.
In 2007, Mariñas allegedly appointed or designated his brother, a person related to him within the second degree of consanguinity, as HRMO of Barili.
This is reportedly in violation of the regulation on nepotism.
Nepotism is defined as an appointment issued in favor of a relative within the third civil degree of consanguinity or affinity of any of the following: appointing authority, recommending authority, chief of the bureau or office, and person exercising immediate supervision over the appointee. The exceptions are persons employed in a confidential capacity, teachers, physicians, and members of the Armed Forces of the Philippines.
Aniceto confirmed that he indeed assumed the said position.
As an HRMO, he performed the duties of a personnel officer and he assisted in coordinating all the works of their local officials.
He, however, denied that it was in violation of nepotism.
He claimed that during the term of former mayor Robert Alquisola, Mariñas’ predecessor, there was no plantilla item for an HRMO.
Aniceto was employed as administrative assistant II during the term of Alquisola in 2005.
The Sandiganbayan ruled in favor of Mariñas.
"It is true that the accused issued Memorandum Order dated July 2, 2007, where he gave his brother, Aniceto, a special assignment to perform, among other functions, the duties of a personnel officer. However, as stated above, the duties and responsibilities of Aniceto P. Mariñas as an administrative assistant actually includes the performance of the duties of an HRMO/personnel officer," read the decision.
Meanwhile, the hold departure order dated March 22, 2016 issued against Mariñas was already lifted. — GAN (FREEMAN)