Rama seeks clarification on brgy officials' suspension

CEBU, Philippines -  Cebu City Mayor Michael Rama yesterday sought clarification from the Office of the Ombudsman-Visayas on the imposition of two months suspension without pay against San Roque Barangay Captain Rogelio Ruizo and six of his councilmen.

This is after Ruizo and his council filed a motion for reconsideration before the Ombudsman to dismiss the administrative case filed against them by former councilman Lidiore Miranda over alleged anomalous activities in their barangay.

Respondents of the criminal case for violation of the Anti-Graft and Corrupt Practices Act that Deputy Ombudsman Pelagio Apostol approved for filing before the Regional Trial Court are Ruizo and Councilmen Florentino Mauping Jr., Julieta Balcon, Leonarda Pepito, Mario Pamolarco, Alex Sillos and April Jane Salas.

But City Administrator Jose Marie Poblete said the mayor withdrew the implementation of the suspension order when they learned that the barangay officials filed a motion for reconsideration.

“We are about to implement the order but the barangay officials filed their motion for reconsideration, so we asked the Ombudsman for guidance on what action to be taken,” Poblete said.

 In a seven-page motion for reconsideration filed, the barangay officials argued that the office erred in its appreciation of the case after they were found guilty of simple misconduct and simple neglect of duty.

 The barangay officials were accused of fabricating documents to justify the disbursement of P13,850 for an activity for the disabled persons in the barangay. The anomalous transaction was discovered after the respondents submitted a supposed attendance sheet, which included the name of a person who is long dead.

 The list of attendees included former barangay captain Teleforo Rabaya who died long time ago.

 The barangay officials cited in their motion for reconsideration the Aguinaldo doctrine, to insist that they are no longer liable for the administrative case after they were reelected.

 The doctrine deals on the celebrated case of Aguinaldo vs. Santos (G.R. No. 94115, August 21, 1992, 212 SCRA 768). The Aguinaldo Doctrine promulgated by the Supreme Court states : “Clearly then, the rule is that a public official cannot be removed for administrative misconduct committed during a prior term, since his re-election to office operates as a condonation of the officer’s previous misconduct to the extent of cutting off the right to remove him thereof.” (FREEMAN)