Barili, Cebu (Google maps)
MANILA, Philippines — The former mayor of Barili town in Cebu province, who is now the sitting vice mayor, has been acquitted of nepotism, according to the decision of the Sandiganbayan’s Special Third Division.
The anti-graft court said in a decision on April 12, that the prosecution failed to prove the guilt of former Mayor Teresito Mariñas, who is now the vice mayor, when he appointed his brother Aniceto Mariñas as human resource management officer (HRMO) of the said municipality in 2007.
After the favorable decision, the hold departure order issued against Teresito has been lifted.
Nepotism is defined by Section 58, Chapter 8, Subtitle A in Book V of the Administrative Code of 1987 as appointing relatives by the third degree of consaguinity in the national, provincial, city, and municipal governments or in any branch, including government-owned or controlled corporations.
However, it was pointed out that nepotism was not present in this case because Aniceto has been previously appointed by Teresito’s predecessor.
“To be sure, the accused did not exercise any “nepotic” discretion when he issued a special assignment to his brother to perform the duties of an HRMO Personnel Officer. To reiterate, his brother Aniceto was appointed to the position of administrative assistant by the accused’s predecessor,” the decision authored by Presiding Justice Amparo Cabotaje-Tang said.
“The duties and responsibilities of an administrative assistant already include the duties and responsibilities of an HRMO Personnel Officer, hence, the issuance of the said special assignment did not amount to nepotism,” they added.
Sandiganbayan also noted that the special assignment given to Aniceto does not largely differ from his duties, when he was appointed by Teresito’s predecessor.
“Thus, based on the evidence, fifty percent (50%) of the duties and responsibilities of Aniceto P. Marinas as an Administrative Assistant pertains to the performance of the duties and responsibilities of an HRMO,” the Special Third Division said.
“Logically, the accused could not have “appointed designated” his brother, Aniceto, to the position of HRMO considering that the performance of the duties and responsibilities thereof is already included in his duties and responsibilities as the administrative assistant of the Municipality of Barili, Cebu,” they added. /jpv