For Aloguinsan Mayor, Vice Mayor Ombuds upholds 6-month suspension

CEBU, Philippines - The Office of the Ombudsman has sustained its 2010 decision suspending Aloguinsan Mayor Cynthia Moreno and her husband Vice Mayor Augustus Caesar Moreno for six months after they were found guilty of an administrative case.

Graft Investigation and Prosecution Officer III Jose Ronald Bersales denied on October 23, 2014 the motion for reconsideration filed by the Morenos. The ruling was approved by Ombudsman Conchita Carpio Morales.

The vice mayor, however, said they have already filed a petition for certiorari before the Court of Appeals with prayer for the issuance of temporary restraining order.

The Morenos invoked the Aguinaldo Doctrine in their petition despite insistence of the anti-graft office in its recent decision that the doctrine is not applicable in the case saying the respondents were not elected to the same position during the immediate subsequent election from the questioned act.

"The spirit of Aguinaldo Doctrine is the trust and confidence of the people electing us to the office," Caesar said.

"Aguinaldo was reelected to the same position of Governor during the immediate subsequent election from the questioned act, while Cynthia was not reelected as Mayor but only elected as Vice-Mayor and Caesar was not reelected as Vice Mayor but as Mayor during the immediate subsequent 2010 National and Local Elections from the questioned act occurred in 2008," Bersales ruled.

Caesar cited some administrative cases of elected Cebu officials that were dismissed after their election into office of different positions.

These include former governor Gwendolyn Garcia who was elected congresswoman in 2013 and former Mandaue City mayor Thadeo Ouano who was elected member of the Provincial Board in 2010 elections.

The case stemmed from the complaint filed by former councilor Danilo Margallo on the sale of two unserviceable dump trucks to Rufino Alpas Junk Shop for the amount of P150,000 without public auction in violation of the Commission on Audit rules.

The dump trucks were reportedly put inside the garage owned by the Moreno family in violation of the Government Accounting and Auditing Manual.

The anti-graft office earlier ruled that Cynthia allowed herself to be so persuaded and influenced by Caesar thereby depriving the municipality the opportunity to obtain a proper valuation of the vehicles and dispose of through competitive public bidding.

They were both found guilty of conduct prejudicial to the best interest of the service and were meted six months suspension without pay and benefits.

Bersales did not give merit to the claim of Caesar that he was not familiar with the provisions of GAAM since he was not the accountable public officer of the subject dump truck.

"Ignorance of the law excuses no one from compliance therewith," read the order. — (FREEMAN)