The Court of Appeals has stood pat on its decision that cleared Ifugao Rep. Teodoro “Teddy” Baguilat Jr. of administrative liability in the purchase of a government vehicle when he was governor in 2003.
In a resolution written by Associate Justice Marlene Gonzales Sison, the CA denied the motion for reconsideration filed by the Ombudsman which found Baguilat administratively liable and ordered his dismissal from the service.
The Ombudsman order issued in March 2017 was reversed by the CA last June.
In dismissing the motion for reconsideration, the CA said that “the Office of the Ombudsman failed to show patent or palpable error to warrant reconsideration of our decision.”
“As such, we find no valid reason to revise, much less to reverse or set aside, what have been carefully set bright,” the CA ruled.
Case records showed that Baguilat’s alleged administrative and criminal liabilities arose from the purchase of an Isuzu Trooper wagon on March 24, 2003 for P900,000 from JMS General Merchandise three months before the budget for the vehicle was approved.
In April last year, the Sandiganbayan dismissed the criminal charge for graft filed against Baguilat for unreasonable delay in the Ombudsman’s investigation.
In granting Baguilat’s motion to dismiss, the Sandiganbayan ruled that his right to speedy disposition of cases was violated when it took the Ombudsman about 13 years to complete its fact-finding and preliminary investigations.
In absolving Baguilat of his administrative liability, the CA applied the “condonation doctrine” which absolves an elected official of administrative offenses committed during his previous term.
While the condonation doctrine had been abandoned by the Supreme Court in November 2015, the High Court declared that its ruling should be applied prospectively.
The CA said that Baguilat should still be covered by the doctrine because his reported administrative offense was allegedly committed in 2003. (Rey Panaligan)
