Soc invokes Aguinaldo Doctrine vs Ombuds ruling

CEBU, Philippines - Talisay City Councilor Socrates Fernandez has filed a motion for reconsideration to avoid serving the penalty of suspension from the Ombudsman that found him guilty of misconduct.

The simple misconduct for neglect of duty happened during his third and last term as mayor of Talisay City in 2010.

In his motion, Fernandez is invoking the Aguinaldo Doctrine under which reelected public officials are cleared of any liabilities from administrative charges filed against them during their previous term.

Fernandez furnished copies of his motion to the media asking the Ombudsman for clarification on whether he would still be subject to the penalty of suspension since the act was done prior to his present term of office.

In his motion for reconsideration, Fernandez said "the court should never remove a public officer for acts done prior to his present term of office. To do otherwise would be to deprive the people of their right to elect their officers."

"When the people have elected a man to office, it must be assumed that they did this with knowledge of his life and character, and that they disregard or forgave his faults or misconducts, if he had been guilty of any," he added.

"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 a condonation of the officer's previous misconduct to the extent of cutting off the right to remove him therefor," he said.

In his prayer, Fernandez asked the Ombudsman to lift the order in the decision of his suspension from service and to stay the execution of the decision pending the final resolution of his present motion for clarification.

Last March 14, Ombudsman Conchita Carpio Morales approved an order finding Socrates guilty of simple neglect in connection with the administrative case docketed as OMB-V-A-13-0188 initiated by the Public Assistance and Corruption Prevention Office - Office of the Ombudsman quoting newspaper report for allowing the worker to drive the Toyoto Revo without a driver's license or trip ticket on Sept. 13, 2010.

The decision of the Office of the Ombudsman-Visayas carried Ombudsman Morales' signature of approval dated June 17, 2014 suspending the former mayor for three months without pay.

It warned Fernandez that "a similar infraction in the future shall be punished with a more severe penalty."

The Department of Interior and Local Government was directed to implement the ruling.

In yesterday's City Council session, Fernandez delivered a privilege speech where he said the decision of the Ombudsman has not yet attained finality and is not yet ripe for execution.