Town mayor, village chief ordered suspended
By Jovi T. De Leon
July 21, 2011
CITY OF SAN FERNANDO — The Office of the Ombudsman has found Mexico Mayor Teddy Tumang and San Antonio barangay captain Rafael Yabut guilty of violating Section 5 (a) of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
Acting Ombudsman Orlando Casimiro, in his decision, meted Tumang and Yabut three months suspension without pay.
However, the Department of the Interior and Local Government (DILG) cannot serve the suspension order on Tumang because of the “Aguinaldo Doctrine”.
A memorandum signed by DILG Secretary Jesse Robredo — “Decision of the Ombudsman in OMB-L-A-06-186-Entitled ‘Eduardo T. Batac, et al versus Teddy Tumang et al (Mexico, Pampanga)’ dated July 19, 2011″ — was transmitted to DILG Regional Director Florida Dijan on Wednesday in Barangay Maimpis.
After receiving on July 18 the first endorsement dated June 13 from the Ombudsman, Robredo directed the regional DILG to cause the implementation of the Ombudsman’s decision against the respondents.
Suspension as penalty
However, DILG-Central Luzon legal officer Myron Cunanan said the order was suspension as penalty, and not preventive suspension.
“The case was in 2005. He got re-elected in 2007. By invoking the Aguinaldo Doctrine, the case is condoned. The only exemption to that rule is if the official was terminated. That’s why we cannot serve and implement the order by the Ombudsman since it was administrative,” Cunanan said.
Cunanan also told Sun.Star Pampanga that in another memorandum from Undersecretary Austere Panadero, “the application of Aguinaldo Doctrine does not require prior clearance or imprimatur from the Office of the Ombudsman. In cases clearly covered by the Aguinaldo Doctrine, the agency being tasked to implement a decision against a respondent who was re-elective to public office may just inform the Office of the Ombudsman of the non-implementation of the administrative sanction imposed against the respondent by reason of his re-election.”
Panadero’s memorandum was dated May 27, 2011.
“We hope that the complainants will not put the blame on us since we are just following the law,” Cunanan said.
Victory
But even if the suspension order against Tumang cannot be implemented by the DILG regional and provincial offices, Mexico Councilor Rex Calma, one of the complainants, said they still emerged “victorious”.
“Victory is ours. Kami pa rin ang panalo dahil naipalam namin sa taong bayan na guilty at maraming kasalanan si Mayor Teddy Tumang (We won because we succeeded in letting the public know that Mayor Teddy Tumang is guilty),” he said.
Calma and hundreds of his supporters trooped to the DILG regional and provincial offices to witness the serving of the three-month suspension order without pay.
“What is important here is for people to know that he is guilty, nagkasala siya at gumawa siya at inakusahan siya ng Ombudsman sa isa sa napakaraming kaso niya. Ito ay tagumpay ng bayan at hindi lamang tagumpay ni Vice Mayor Roy Manalastas at Councilor Rex Calma dahil siya ay nahatulan. We will continue to be vigilant at patuloy naming babantayan pati iyung kaso niya sa Sandiganbayan kung saan preventive suspension naman ang hatol,” Calma said.
On the un-served suspension order, Calma opined that DILG Secretary Robredo, who directed the DILG regional office to cause the implementation of the order, should not have signed the memorandum since it was “moot and academic.”
“Ang utos pa rin dito ng regional director kay provincial director Angie Blanco ay i-implement ang order. But we were told in advance it could not be done dahil moot and academic na lang daw because of the Aguinaldo Doctrine and another memorandum from Undersecretary [Austere] Panadero na pinakita sa amin. Napaka-komplikado ng proseso nila,” Calma told Sun.Star Pampanga.
He said it was upon his instance and perseverance that the order was finally transmitted to the DILG-Central Luzon.
“I and the barangay captains were with at the Ombudsman and DILG Central Office had to undergo difficult and even insulting situations when we were there on Wednesday. Sinabi ko sa kanila na binabayaran kayo ni Teddy Tumang dahil ipinagmamalaki niya ito sa amin para ma-dismiss o matulog ang mga kaso laban sa kanya. Sinabi ko sa kanila na tatlo sa nagsampa ng kaso laban sa kanya ay wala na sa mundo at alam ko ako na ang susunod,” said Calma.
He said that only after his disclosure that one Alice Dinaya agreed to furnish him and have the copies of the order transmitted.
“Humingi siya ng sorry sa amin dahil hindi agad na-transmit sa DILG. Iyan ang sistema sa gobyerno natin. Ganito kahirap maghanap ng katarungan… Ganoon pa man, kami pa rin ang panalo sa nangyari at hindi kami susuko. Tuloy ang aming laban na linisin ang Mexico,” said Calma.
Published in the Sun.Star Pampanga newspaper on July 21, 2011.
Source: http://www.sunstar.com.ph/pampanga/local-news/2011/07/20/town-mayor-village-chief-ordered-suspended-167992
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