The Sanbiganbayan convicted former Mayor Felino Pantaleon, Jr. of Lianga, Surigao Del Sur for violation of Article 244 ( Unlawful Appointment) of the Revised Penal Code (RPC).
Article 244 of the RPC declares it unlawful for any public officer who shall knowingly nominate or appoint to any public office any person lacking legal qualifications.
The Office of the Ombudsman was able to prove that in February 2007, Pantaleon illegally appointed Ian Reigh Elimanco to the position of Local Civil Registrar despite lacking the qualification of three (3) years of relevant experience.
The Sandiganbayan Decision found that by Resolution No. 28-07, the Sanggunian disapproved the appointment on the ground, among others, that he failed to meet the required three (3) year relevant experience, and yet despite the disapproval, Mayor Pantaleon upheld the appointment of Elimanco.
In convicting Pantaleon, the Court noted that “in ascertaining the legal qualifications of a particular appointee to a public office, there must be a law providing for the qualifications of a person to be nominated or appointed.â€
Section 749, Article X of the Local Government Code provides as one of the qualifications for the position of Municipal Civil Registrar that the applicant must have experience in civil registry work for at least three (3) years.
“There is no doubt that Mayor Pantaleon was fully aware that Elimanco is not qualified for the position at the time the appointment was issued due to the latter’s want of experience in civil registry works,†the Decision reads.
Taking into account the mitigating circumstance of voluntary surrender, the Sandiganbayan sentenced Pantaleon to imprisonment ranging from one (1) month to two (2) months and a fine of P1,000.00.
source: Ombudsman Press Release
Linkback:
https://tubagbohol.mikeligalig.com/index.php?topic=78743.0