The Court of Appeals has exonerated Nueva Ecija Gov. Aurelio Umali of administrative liability over allegations of irregularity in the use of his P15 million pork barrel funds in 2005 when he was a member of the House of Representatives for the province’s third legislative district.
The CA’s Seventh Division resolved that Umali was still covered by the 1959 condonation doctrine because the abandonment of the doctrine in the 2015 decision of the Supreme Court was prospective in application.
The appellate court stressed that under the condonation doctrine, an elected public official cannot be removed for administrative misconduct committed during a previous term with his or her re-election to office by the same electorate.
However, the appellate court clarified the criminal prosecution concerning the same set of facts surrounding the administrative case are not barred or prejudiced by the ruling.
In resolutions issued in 2016 and 2017, the Office of the Ombudsman found Umali guilty in administrative cases filed against him in connection with his 2005 Priority Development Assistance Fund.
The anti-graft body ordered Umali’s dismissal from service and barred him perpetually from holding public office.
The Ombudsman found him administratively liable for diverting substantial funds from his PDAF and the Agriculture and Fisheries Modernization Program funds to the Masaganang Ani Para sa Magsasaka Foundation. Inc. and the Samahan ng mga Manininda ng Prutas sa Gabi Inc. to implement his livelihood projects.
Investigation showed there were no purchases of agricultural implements such as liquid fertilizers as reported by the two livelihood firms which were the recipients of the funds.
Umali, who won as Nueva Ecija governor in May, elevated the Ombudsman’s rulings before the CA when he was prevented from assuming his post as governor.
The Department of Interior and Local Government earlier issued a regional advisory which mandates that local elective officials dismissed from service should serve the imposed penalty even after the said officials were proclaimed to have won in the last polls.
“While the May 2019 election cannot be considered as the act of condonation, it evidences, nonetheless, the proclivity of the body politic of the 3rd District of Nueva Ecija to put their trust on the petitioner. The petitioner was elected not once but four times from the time when he committed the acts complained of in 2005,” the CA said.
