ILOILO CITY—The implementation of the dismissal order against Capiz Gov. Victor Tanco Sr., a close ally of President Aquino and the administration’s presidential candidate Manuel “Mar” Roxas II, has been held in abeyance by the Department of the Interior and Local Government (DILG).
But the agency is set to remove Tanco’s son and security officer from his post this week in relation to an alleged P3-million extortion case.
Anthony Nuyda, DILG Western Visayas director, said the agency’s legal department was still seeking clarification from the Office of the Ombudsman if Tanco’s case is covered by the “Aguinaldo Doctrine.”
The legal doctrine extinguishes administrative cases filed against public officials during their previous term immediately after their reelection.
The Ombudsman announced on Oct. 22 that it had ordered the dismissal from service of Tanco and his son Vladimir III after they were found guilty of grave misconduct for extorting P3 million from Leodegario Labao Jr. owner of Kirskat Venture (Kirskat), which contracted the P32.9-million Mambusao District Hospital project.
Labao filed the complaint in 2011 but Tanco was reelected for a third term in the 2013 elections.
Nuyda said the dismissal and removal of Tanco from office would depend on whether or not his reelection would nullify the administrative case against him.
He said the DILG central office has directed the Western Visayas office to implement the dismissal of Vladimir III as the decision of the Ombudsman is executory even if the Tancos question the decision before the Court of Appeals or Supreme Court.
“Only a temporary restraining order can stop its implementation,” Nuyda told the Inquirer.
But Tanco and his son will still face criminal charges after the Ombudsman also found probable cause to charge them for violation of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).
In a statement, the Ombudsman upheld the allegations of Labao that the contractor issued a P3-million check to Vladimir III which was personally delivered to the governor’s residence.
Vladimir III demanded the amount in exchange for the release of payments for the hospital project. The demand was also accompanied by a threat that Kirskat would be blacklisted as a contractor if Labao failed to pay the amount, the Ombudsman said in its statement.
Tanco, who was usually accessible for interviews, has been silent and absent at his office since the Ombudsman issued the statement last Thursday.
His mobile phone has been switched off and he has not responded to text messages.
Provincial Administrator Jose Villanueva, Tanco’s legal adviser, also did not respond to text messages and calls of the Inquirer.
Employees of the provincial capitol in Roxas City said Tanco and
Villanueva left for Manila before reports of the governor’s dismissal broke out.
Reached by the Inquirer, Labao said he had not received a copy of the Ombudsman decision but was surprised that a decision came out.
“I learned about it only from news reports,” he told the Inquirer.