Monday, June 17, 2019

Bacaltos to use 'Aguinaldo doctrine' to appeal suspension

Former Sibonga mayor Lionel Bacaltos (SunStar file photo)

FORMER Sibonga, Cebu mayor and now councilor Lionel Bacaltos plans to appeal his six-month suspension before the Court of Appeals.

Bacaltos made the reaction after the CA 18th Division find him guilty of grave abuse of discretion and conduct prejudicial to the best interest of service for not acting on the application for business permit of former Sibonga mayor Nestor Ponce.

Bacaltos told SunStar Cebu on Tuesday, March 26, that he plans to appeal his case by using the "Aguinaldo doctrine" since he was elected as town councilor in 2016.

The "Aguinaldo doctrine" or condonation doctrine provides that administrative offenses of an elective official are deemed forgiven when the public decides to re-elect him or her for another term.

In 2015, the Supreme Court abandoned the "Aguinaldo doctrine" and uphold the CA's power to review and stop orders issued by the Ombudsman against elected officials facing administrative cases before it.

Bacaltos explained that he can still avail of the doctrine since Ponce filed the case against him on the same year the SC decided to abandoned the condonation doctrine.

The following year, Bacaltos won a fresh term as a municipal councilor after serving three-terms as town mayor.

Aside from that, Bacaltos believes he cannot be suspended from his duties just yet as the election ban on the suspension of elective officials is still in effect. (JKV)


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