Rep. Mark Villar. RODEL ROTONI/FILE PHOTO
A seasoned election lawyer warned on Wednesday that reelected Las Piñas City Rep. Mark Villar may face a criminal case if he immediately assumes the position of Department of Public Works and Highways (DPWH) secretary offered to him by presumptive president-elect Rodrigo Duterte.
In an interview with reporters, Atty. Romulo Macalintal cited Art. 234 of the Revised Penal Code which states: “The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office.”
Macalintal said that the legal way for Villar to occupy the post is first, he should take his oath of office, report to Congress, then resign.
“So bago tanggapin ni Mr. Villar yung nasabing posisyon, dapat muna siyang manumpa bilang kongresista at pumasok sa kongreso at pagkatapos noon saka siya mag-resign at pumasok na secretary ng DPWH. Yun ang legal na pamamaraan,” he said.
(So before Mr. Villar accepts the said position. He should first be sworn in as a Congressman and attend the Congress, and after that he may resign and be DPWH secretary. That’s the legal procedure.)
READ: Mark Villar accepts Cabinet post under Duterte
On the moral side of Villar’s decision, Macalintal said that the lawmaker has wasted the mandate given to him by the people of Las Piñas.
“Meron din ditong moral issue. Ano ang moral issue dito? Delicadeza. Inihalal naming mga taga-Las Pinas. Noong nagkampanya siya sa amin, hindi siya nagsabi na magpapa-appoint siya sa pamahalaan. Ngayong magpapa-appoint siya, parang tinalikuran niya yung mga taga-Las Piñas. Para bang ang nangyari ay binabalewala niya kami at pinabayaan niya ang Las Pinas na walang kinatawan,” Macalintal, who is a Las Piñas City resident, explained.
(There’s also a moral issue here. What’s the moral issue? Delicadeza. We, Las Piñas residents, elected him. When he campaigned to us, he didn’t say he would accept a government appointment. Now that he has accepted an appointment, it seems like he has turned his back on the people of Las Piñas. It seems like he does not value us and has neglected us Las Piñas residents who now have no representative.)
He urged Villar to ponder about his decision thoroughly.
“Sana mag-isip-isip ang mga Villar sa bagay na ito sapagkat marami pa namang pagkakataon na makapagsilbi sa pamahalaan,” the lawyer said.
(Hopefully, the Villars think this matter over because there are many other opportunities for government service.)
On Tuesday, Villar said that he accepted Duterte’s offer to become his public works secretary. Senator Cynthia Villar, said that they did not expect the tough-talking incoming president to pick his son for the post.
“(Duterte) wanted someone honest and not tainted with corruption,” Senator Villar said.
She also dispelled fears that Villar’s appointment would constitute conflict of interest as the Villars own a vast real estate business.
“DPWH is for the people. Roads are for the people,” she said. CDG
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