Doctrine saves councilor from suspension

THE Office of the Ombudsman in the Visayas affirmed a ruling that found Mandaue City Councilor Editha Cabahug and eight others guilty of oppression.

The anti-graft office meted a six-month suspension on the respondents, but Editha need not serve the penalty.

Under the Aguinaldo Doctrine, a public official can’t be held administratively liable for misconduct done during his prior term since reelection in effect condones the previous misconduct.

Cabahug  was elected councilor of Mandaue City in May 2010.

The respondents were held liable for oppression for not releasing the claim for leave credits of Jesus Flores, a former barangay councilor.

The incident took place sometime in 2002 when Cabahug was still the captain of barangay Looc in Mandaue City.

The anti-graft office considered oppression as an “act of cruelty, severity, unlawful exaction, domination or excessive use of authority.”

The other respondents are Erlinda Tarona, Jose Lozano Jr., Liborio Arcana, Lilitha Cabahug-Basconcillo, Alejandro Jayme, Raul “Skipper” Cabahug , Raul “Kevin” Cabahug and Alberto Cabahug.

The complaints against barangay treasurer Medardo Yuson and barangay secretary Aurora Cabasa, however, were dismissed for “lack of merit” as they did not have any hand in appropriating funds.

Respondents Erlinda, Lilitha, and Alberto filed a motion for reconsideration, but the anti-graft office found no sufficient basis to reverse its findings.

“The respondents did not present newly discovered evidence, which would materially affect the assailed decision.”