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‘Aguinaldo Doctrine’ may yet absolve Gwen of past ‘sins’

By Ador Vincent MayolCebu Daily News First Posted 06:27:00 05/14/2010 Filed Under: local officials

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The ?sins? of her past won?t haunt her.

Newly-proclaimed Cebu Gov. Gwendolyn Garcia may yet get off the hook from any administrative charges lodged against her.

Assistant Ombudsman Virginia Palanca-Santiago said reelected public officials are normally cleared of any liabilities from administrative charges filed against them during their previousterm.

?Although they have yet to take their oath, once reelected, the administrative charges are mooted,? Santiago said.

She cited the ?Aguinaldo Doctrine? which states that any ?reelected local official may not be held administratively accountable for misconduct committed during his prior term of office.?

In Aguinaldo vs Santos, the Supreme Court made clear the rule that a public official cannot be removed for administrative misconduct committed during a prior term, since his reelection tooffice operates as a condoning of the officer's previous misconduct, thereby cutting off the right to remove him.

But the ?Aguinaldo Doctrine? applies only to administrative charges and not to criminal cases.

Thus, Garcia can no longer be held liable for administrative charges in connection with the controversial P98.9 million purchase by the provincial government of the Balili beach propertywhich turned out to be mostly submerged.

The Office of the Ombudsman in the Visayas is conducting a fact-finding investigation of the alleged land purchase fiasco.

Although Garcia is not included in the complaints, she is one of the subjects in the Balili lot investigation as chief executive.

?Yes, the Aguinaldo Doctrine would apply. But the fact is she violated no law, rule, or procedure. Hence, even if there's no such doctrine, there would be no liability,? said Capitol consultantRory Jon Sepulveda.

He said the Aguinaldo Doctrine cleared Garcia of administrative charges in the construction of the Cebu International Convention Center (CICC) which her critics claimed was ?overpriced.?

?CICC was built during her (Garcia) first term yet, so the 2007 election did it,? Sepulveda said.

Lawyer Democrito Barcenas urged the anti-graft office to release the results of its probes of the Balili lot and the CICC.

?The people, the taxpayers, are entilted to know where their money is going,? he said.

Santiago said the anti-graft office has been following up the CICC investigation which was being reviewed by their central office.

She said the Balili lot investigation was sent back to the handling investigator since there was a document they need to include.

The Ombudsman Visayas docketed two complaints about the Balili land deal. One was based on a request by Cebu City Mayor Tomas Osmeña. The other stemmed from media reports that alarge part of the land was underwater with questionable titles.

But Sepulveda said it was time to move on after Garcia was given a fresh mandate.

The govenor plans to take a four-day vacation next week with people ?close to her heart? now that the election is over.

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?Somewhere relaxing, to unwind, to recharge, to invigorate and to be inspired once again,..with those close to my heart,? Garcia told reporters yesterday.

She added she would take a vacation after May 19, the birthday of her younger brother, Rep. Pablo John Garcia of Cebu?s 35d district.

?Maybe three to four days, that would be enough, then back to work because there is so much work that has piled up and there is so much work that needs to be done,? Garcia said. Theseinclude preparations for dignitaries who are set to arrive in Cebu for a visit. These are officials from international sister provinces of Cebu.

On her third term, Garcia said she would continue with the programs she had already started, including Suroy-Suroy Sugbo that her opponents wanted to stop.

Other projects include preparations for the bulk water supply deal in Carmen town which she said would solve the imminent water crisis in the province.

Programs for school children and senior citizens will also be continued along with the school supplies for school children.

She said that she will build 200 classrooms in the next three years.

Since the province has already finished asphalting all provincial roads, Garcia said they would focus on asphalting major barangay roads in the next three years. /WITH DALE G. ISRAEL

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