06 September 2012

RE-ELECTION PREVENTS REMOVAL FROM OFFICE


FACTS: During Bruno Tattaglia’s first term as elected councilor of Little Italy, he was administratively charged before the Office of the Ombudsman for violation of the anti-graft law because of certain alleged favors to the local mob. During the pendency of the case, he was again re-elected to the same position. And, during his third re-election to the same office, the Ombudsman issued an administrative decision removing him from said position. 

ISSUE: Can re-elected councilor Bruno Tattaglia be administratively removed from his post for an alleged offense committed during his first term of office?

HELD: No, he can no longer be removed from office, because his re-election has rendered the administrative offense as moot and academic. In the case of Rodolfo Aguinaldo vs. Hon. Luis Santos, et al., G.R. No. 94115, 21 August 1992, the Supreme Court declared therein, that Aguinaldo’s re-election has rendered the pending administrative case against him moot and academic.
     Clear then, the rule is that a public official cannot be removed for administrative misconduct committed during a prior term, since his re-election to office operates as a condonation of the officer's previous misconduct to the extent of cutting off the right to remove him therefor.



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