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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