Aguinaldo doctrine spares brgy captain

CEBU, Philippines - Another public official was spared from administrative liability by virtue of the Aguinaldo Doctrine.

The Office of the Ombudsman found Maria Theresa Zamora guilty of simple misconduct and suspended her for one month and one day, but the penalty is “deemed mooted” because Zamora was reelected barangay captain.

She committed the offense during her previous term as barangay captain of Legaspi, Alegria.

It was alleged that Zamora did nothing about an incident involving intimidation that reportedly happened near her house last year.

The Aguinaldo Doctrine states 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 therefrom.”

The complainant in the case, Rachel Endab, filed the case for misconduct and/or conduct unbecoming a public official against Zamora saying the latter did not do anything when Endab’s daughter was being intimidated by two people near Zamora’s house.

Endab alleged that on May 15, 2010, her daughter Rochelle Mae bought native chocolate from a nearby store when she was allegedly blocked by Janine Piñez and Howard Tau-on. Sensing her daughter was in danger, Endab said she shouted Piñez and Tau-on and asked what they wanted.

The following day, Endab said she confronted Tau-on’s mother Mila about her son’s actuations, but Mila denied the same.

Endab also confronted Piñez’ mother about the incident, but the latter reportedly went to see Zamora and for unknown reason allegedly became angry and attacked her.

Endab said she could not defend herself from the attack as she was suffering from poliomyelitis. She said she even begged for help but Zamora did not stop until someone intervened.

Witnesses Wilfredo Lastimosa and Russel Lauro executed a joint affidavit to corroborate Endab’s statement. In her counter-affidavit, Zamora told a different version of the incident.

She said she was sleeping at her house at that time when she heard someone shouting and calling her name. She then went outside, told Endab to shut up, but the latter allegedly kept on shouting, “I will kill you!”

Zamora said she even filed a complaint for direct assault, grave threats and oral defamation against Endab before the Provincial Prosecutor’s Office.

Zamora also denied she harmed Endab.  (FREEMAN)