One for Nepotism: Ombuds indicts 2 Cebu Mayors

CEBU, Philippines - The Office of the Ombudsman has ordered the filing of criminal charges against two Cebu mayors over alleged illegal appointments of persons in public office.

The anti-graft office found sufficient ground to charge Consolacion Mayor Teresa Alegado before the Sandiganbayan for unlawful appointment punishable under the Revised Penal Code.

In a separate case, it also indicted Barili Mayor Teresito Mariñas for alleged nepotism for appointing his brother as the municipality's Human Resources Management officer.

Charges against Alegado stemmed from her appointment of Engineer Danilo Capangpangan in 2011 as the General Services Officer of the municipality.

In a press statement, the Ombudsman said it found that Capangpangan was allowed to continue serving eventhough his appointment was invalidated by the Civil Service Commission because of his failure to meet the educational and experience requirement for the position.

"As the appointing authority, Mayor Alegado is presumed to know the educational qualification required for the position of General Services Officer at the time she appointed Capangpangan to said position, but she, however, disregarded it in flagrant violation of Article 244 of the Revised Penal Code," the Ombudsman stated.

The law punishes any public officer who nominates or appoints to any public office any person lacking the legal qualifications despite having knowledge of the deficiency.

If found guilty, the officer may suffer the penalty of arresto mayor, or imprisonment of one to six months, and a fine not exceeding P1,000.

Meanwhile, Mariñas will be facing charges for violation of Executive Order No. 292 (Administrative Code of 1987) after he reportedly appointed his brother, Aniceto Mariñas, as HRM officer in July 2007.

Section 59, Chapter 8 Title I Book V of the  Administrative Code of 1987 states that, "all appointments in the national, provincial, city and municipal governments, made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision of him, are hereby prohibited."

Relatives are defined as those related with the appointing officer within the third degree of consanguinity or affinity.

The FREEMAN contacted the two mayors for comments, but the calls and texts were left unanswered.

Mariñas will be ending his third term next month, while Alegado has been re-elected as mayor.

Lawyer Christian Bacus, counsel of Alegado, said they welcome the decision of the Ombudsman but would argue over the matter in a proper forum.

He explained that Alegado acted in good faith when she appointed Capangpangan considering that his appointment was under review by the Civil Service Commission.

"The appointment was not final at that time because it was still subject for review," he told The FREEMAN.

He added that the appointment was even approved by the town council.

But when the CSC found that the appointment was defective and ordered Capangpangan to vacate the position, Bacus said Alegado immediately reverted Capangpangan back to his original position as planning and development officer on January 1, 2016.

Bacus believed that the complaint, which was filed in February, was only a "product of politics" since the election was nearing. — (FREEMAN)