CA ALLOWS BEBOT TO KEEP SERVING PUBLIC

Abellanosa’s election as congressman during the 2013 polls ‘rendered the administrative offense of grave misconduct against him moot and academic’

Cebu City South District Rep. Rodrigo Abellanosa can continue serving the city following the higher court’s decision reversing an earlier order dismissing and disqualifying him from government service.

The Special Twentieth Division of the Court of Appeals (CA) reversed the decision of the Office of the Ombudsman finding Abellanosa guilty of grave misconduct for his involvement in the City Government’s scholarship program while he was still a councilor.

“The Court is, therefore, precluded from imposing the administrative penalty of dismissal on the account of some people’s decision to elect him again in yet another office,” read portion of the decision.

Abellanosa, in an interview, said he is grateful of the decision.

In a 10-page decision promulgated last Dec. 21, 2017, Associate Justice Geraldine Fiel-Macaraig banked on the doctrine of condo- nation in favoring Abellanosa.

Macaraig, who pinned her opinion, which was affirmed by two other associate justices, said that contrary to the grounds of the Ombudsman, Abellanosa’s election as congressman during the 2013 elections rendered the imposition of the administrative offense of grave misconduct moot and academic on the basis of condonation doctrine.

In a Supreme Court decision in Giron vs. Ochoa, the Court recognized that the doctrine can be applied to a public officer who was elected to a different position provided that it is shown that the body electing the person to another office is the same.

“Here, those who elected petitioner into office as city councilor and as congressman of Cebu City south district were essentially the same. Differently put, the electorate that voted for him for congressman of Cebu City south district comprises wholly those voting for him as Cebu city councilor. Thus, the condonation doctrine is applicable in this case,” read portion of the decision.

CA pointed out that the determinative time element in applying the condonation doctrine should be the time when the infraction was allegedly committed or when the contract was perfected.

In the present case, it will be applicable on the day when Abellanosa and other councilor passed the resolution authorizing him to sign a memorandum with the different accreditation schools in 2010 and 2011.

Abellanosa established his right to remain in his post as he was elected to another elective position in 2013, which operates as a condonation of whatever administrative infraction or misconduct he may have committed in 2010 and 2011, the decision said.

Criminal and administrative charges were filed against Abella-

Cebu City congressman established his right to remain in his post as he was elected to another elective position in 2013, which operates as a condonation of whatever administrative infraction or misconduct he may have committed in 2010 and 2011, the decision said.

nosa for entering into a memorandum of agreement with the City for its scholarship program as trustee-president of Asian College of Technology (ACT), now the Asian College of Technology International Educational Foundation Incorporated (ACTIEF).

Earlier, the Office of the Ombudsman-Visayas filed graft charges against Abellanosa before the Sandiganbayan, accusing Abellanosa of violating Section 3(i) of Republic Act 3019 or the Anti-Graft Corrupt Practices Act when he allowed his school to participate in the Cebu City Government’s scholarship program.

At that time, Abellanosa was a city councilor, who also sat in the City’s scholarship committee.

The Ombudsman found him guilty of grave misconduct and meted him the penalty of dismissal of service.

He was accused of having an unlawful interest in the City’s distribution of P51.065 million in scholarship programs since he was still sitting as trustee and president of ACTIEF in 2011.

“The CA decision has extinguished the administrative penalty of dismissal and disqualification imposed by the Ombudsman while the Sandiganbayan decision which was affirmed by the Supreme Court has exonerated me from any alleged wrongdoing on the Cebu City scholarship program,” Abellanosa told SunStar Cebu.