The Office of the Ombudsman has upheld its suspension of Camarines Norte Gov. Edgardo Tallado for refusing to heed a Civil Service Commission (CSC) directive to rehire a sacked provincial government employee in 2013.
In a statement on Thursday, the antigraft body said it did not give weight to Tallado’s argument that the so-called condonation doctrine—also known as the Aguinaldo doctrine—should apply in his case since he was reelected after he committed the alleged offense.
Under the condonation doctrine, elected officials may escape administrative liability if they are again voted into office.
Ombudsman Conchita Carpio Morales said Tallado will have to step down for 12 months after he was found administratively liable for grave abuse of authority for failing to reinstate provincial veterinarian Edgardo Gonzales despite an order to do so from the CSC.
‘Persisted even after reelection’
In a Dec. 1 resolution, Morales said Tallado’s unlawful act “persisted even after reelection,” noting that his continued “defiance” of the CSC order to rehire Gonzales “extended up to his present term of office.”
Aside from the governor, the Ombudsman also suspended for one year provincial legal officer Sim Mata Jr. and supervising administrative officer Mario de la Cruz.
But since Mata had resigned in June 2013, he was ordered to pay a fine equivalent to his six-month salary, while De la Cruz’s suspension was lowered to six months after he was found guilty of simple misconduct.
Opportunity to be heard
As to Tallado’s claim that he was denied due process, the Ombudsman said the governor and his fellow respondents were “given an opportunity to be heard.”
It said Tallado and the others “failed to present grounds or evidence to merit a modification or reversal of the assailed (suspension) order.”
Earlier, the Liberal Party expelled Tallado for a “grossly immoral act” after his alleged extramarital affair with a young woman was exposed in social media.
The governor was also accused by his wife, Josefina, of threatening to harm her after he blamed her for spreading a photo showing him shirtless with a scantily-clad woman.