BY GLENDA SOLOGASTOA
ILOILO City – Maasin, Iloilo’s Mayor Mariano Malones was pronounced “guilty of simple misconduct” and suspended for three months by the Committee of the Whole of the Sangguniang Panlalawigan (SP).
Chaired by Vice Gov. Raul Tupas, the committee explained that Malones was only guilty of simple misconduct considering the limited period of time for him to act on the resolutions of the Civil Service Commission (CSC) when he assumed office on June 30, 2013 and up to the time the complaint against him was filed on July 19, 2013.
The town’s assistant human resources officer, Elsa Maternal, filed an administrative complaint against Malones at the CSC for illegally terminating her in 2002. She later lodged another complaint before the SP.
“From the facts adduced from both parties through the submission of their position papers, it is evident that the respondent is guilty of simple misconduct. He is not guilty of all other charges such as gross misconduct, grave abuse of authority, oppression, dishonesty, dereliction of duty, and gross negligence,” read a part of the report and recommendation of the committee.
The SP said Malones would have been guilty of grave misconduct for his act done prior to his reelection on May 13, 2013 were it not for the Aguinaldo Doctrine.
The Aguinaldo Doctrine is a repeatedly upheld Supreme Court jurisprudence that moots all administrative cases filed against any public official during his previous term, immediately after the official’s reelection.
The central argument of the doctrine is that an erring public official has been forgiven by his constituents of his administrative liabilities if they reelect him in office.
According to the SP, Malones’ acts prior to his reelection had been considered moot and academic as the same operated as condonation of his previous misconduct.
However, from the time of his assumption to office and up to the fling of the complaint, Malones continued to refuse to reinstate Maternal.
Such refusal is considered a simple misconduct as he belatedly requested the Sangguniang Bayan (SB) of Maasin to create a comparative first-level position for Maternal.
The penalty for simple misconduct is suspension for one month and one day to six months for the first offense.
The committee also pointed out that no evidence was submitted to substantiate the other charges of grave abuse of authority, oppression, dishonesty, dereliction of duty and/or gross negligence.
The issues to be resolved raised by Maternal to the SP included whether or not respondent was guilty of gross misconduct, grave abuse of authority, oppression, dishonesty, dereliction of duty/gross negligence for his dismissal of the complaints; whether or not Malones committed forum shopping; and whether or not the Aguinaldo doctrine is applicable to the case.
The committee also ruled that there was no forum-shopping on the part of the complainant.
NOT SATISFIED
Though she respects the decision of the committee, Maternal expressed dissatisfaction on the rulings.
“With respect sa ila findings… simple lang? Ako indi kuntento…pero ginarespeto ko,” Maternal reacted briefly during a press interview.
Meanwhile, the SP members as legislator will deliberate the report and recommendation of the Committee of the Whole next session on Sept. 16.
For the suspension of Malones to take place, there is a required number of votes needed, which is seven, Tupas said.
If the SP sustains the decision of the committee, the implementation will be done by the Office of the Governor./PN
