In its ruling, the Sandiganbayan affirmed the findings of the Office of the Ombudsman saying it was able to prove that Pantaleon Jr. violated the law when he appointed Ian Reigh Elimanco as a Local Civil Registrar in February 2007 despite lacking three years of relevant experience.
“There is no doubt that Mayor Pantaleon was fully aware that Elimanco is not qualified for the position at the time the appointment was issued”, the decision reads.
The Sandiganbayan found that by Resolution No. 28-07, the Sanggunian disapproved the appointment of Elimanco but despite the disapproval, Pantaleon still upheld the Elimanco’s appointment.
Section 749, Article X of the Local Government Code states that one qualification for the position of Municipal Civil Registrar is that the applicant must have at least three years of experience in Civil Registry.
In convicting Pantaleon, the court noted that “in ascertaining the legal qualification of an appointee to a public officer, there must be a law providing for the qualifications of a person to be appointed”.
Taking into account Pantaleon’s voluntary surrender, the Sandiganbayan sentenced him to imprisonment ranging from one to two months and a fine of P1,000.00. With a report from Jean Kyle Kelly